Ellis & Co. v. Brannon
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by J. B. Ellis & Co., against D. F. Brannon and others as sureties on the bond of John W. Greene, agent for an insurance company. From a judgment dismissing the suit plaintiffs appeal. The court erred in sustaining demurrers to the complaint, — Morrisette v. Wood, 128 Ala. 507; Phoenix I. Co. v. Copeland, 90 Ala. 386. Counsel discuss other assignments of error, but without citation of authority.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by J. B. Ellis & Co., against D. F. Brannon and others as sureties on the bond of John W. Greene, agent for an insurance company. From a judgment dismissing the suit plaintiffs appeal. The court erred in sustaining demurrers to the complaint, — Morrisette v. Wood, 128 Ala. 507; Phoenix I. Co. v. Copeland, 90 Ala. 386. Counsel discuss other assignments of error, but without citation of authority. The action of the court in refusing to grant the order asked for will not support an appeal, and it should be dismissed.…
1Opinion of the CourtMayfield, J.
This was an action by the appellees against appellants claiming damages for the breach of a bond executed by the defendants as sureties for one John W. Green; payable to the Fidelity Mutual Life Insurance Company, which was. alleged to be assigned by the insurance company to the plaintiffs.
The bond, is not set out in full nor is any part thereof set out in haec verba, but there are various allegations as to the conditions of the bond. In short and in substance, the bond was one conditioned for the faithful performance of certain duties by the said John W. Green, who was apppoin-ted or to be…
2Cases cited5 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Ledbetter & Co. v. VintonSupreme Court of Alabama · 1895
- Stallings v. NewmanSupreme Court of Alabama · 1855
- Williams v. IveySupreme Court of Alabama · 1861
- Wailes v. HowisonSupreme Court of Alabama · 1890
3Cited by8 opinions
- Steele v. BookerSupreme Court of Alabama · 1920
- Steele v. GillSupreme Court of Alabama · 1968
- Bass v. City of EnterpriseSupreme Court of Alabama · 1970
- Carmichael v. J. C. Jones & Bro.Alabama Court of Appeals · 1917
- Ex Parte Lineville Nat. BankSupreme Court of Alabama · 1928
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