Mobile & Montgomery Railway Co. v. Brewer
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. ¥m. E. Clarke. This action was brought by the appellant, a domestic corporation, against Thomas P. Brewer, and was founded on a penal bond executed by the defendant as surety for one R. P. Priester, which was dated June 1st, 1877, and conditioned as follows: “Whereas the above-bound R. P. Priester has been, by said Mobile & Montgomery Railway Company, appointed freight-agent at Mobile Station, which appointment…
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Appeal from the Circuit Court of Mobile. Tried before the lion. ¥m. E. Clarke. This action was brought by the appellant, a domestic corporation, against Thomas P. Brewer, and was founded on a penal bond executed by the defendant as surety for one R. P. Priester, which was dated June 1st, 1877, and conditioned as follows: “Whereas the above-bound R. P. Priester has been, by said Mobile & Montgomery Railway Company, appointed freight-agent at Mobile Station, which appointment has been accepted by said R. P. Priester; now, then, if the said R. P. Priester shall, during the time he bolds said…
1Opinion of the CourtStone, C. J.
— We have examined the evidence in this canse with great care, and we fail to find any thing which tends, in the least, to show that Mr. Priester received more than one appointment as freight agent of the appellant corporation. Giving toPriester’s testimony the extremest interpretation, the appointment was experimental, with a reserved right to revoke, of which notice was given at the time. The experiment proved satisfactory, and there was no revocation and no reappointment. The bond, therefore, stands as a guaranty that he will faithfully discharge the duties of the office, or trust…
2Cases cited14 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Ducker v. . RappNew York Court of Appeals · 1876
- Burke v. CrugerTexas Supreme Court · 1852
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Bank of Pennsylvania v. PotiusSupreme Court of Pennsylvania · 1840
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Scott v. ScruggsSupreme Court of Alabama · 1891
- Ray v. SummerlinSupreme Court of Alabama · 1924
- Clark v. DaneSupreme Court of Alabama · 1900
- Hughes v. Southern Warehouse Co.Supreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.