White Sewing Machine Co. v. Saxon
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks' This was an action brought by the White Sewing Machine Co. against the defendants on a bond executed by them to the company to secure the faithful performance of his duties by Saxon, the principal in the bond, as its agent in selling sewing machines.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks' This was an action brought by the White Sewing Machine Co. against the defendants on a bond executed by them to the company to secure the faithful performance of his duties by Saxon, the principal in the bond, as its agent in selling sewing machines. The defendants, Miller and Richardson, who were sureties on the bond, defended on the ground that they never became liable on the bond, for the reason that they signed the same on conditions which were never complied with, that other sureties were to sign the bond…
1Opinion of the CourtMoCLELLAN, C. J.
— This is an action on a bond purporting to have been executed to the White Sewing Machine Co. by Saxon, Miller and Richardson to secure the faithful performance by Saxon of his duties as agent of the company. Miller and Richardson defended on the ground that they signed .the bond left it with the principal obligor with the understanding and upon the condition that it was not to be delivered to the obligee, and they were not to be bound by it until and unless “four or five other good men” should sign it. It is admitted that a bond delivered in violation of a condition that certain other named…
2Cases cited7 opinions
- Montgomery v. CrossthwaitSupreme Court of Alabama · 1890
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Homer v. WallisMassachusetts Supreme Judicial Court · 1814
- Guild v. ThomasSupreme Court of Alabama · 1875
- Ellerson v. StateSupreme Court of Alabama · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Ex parte Goldberg & LewisSupreme Court of Alabama · 1914
- Stone v. GoldbergAlabama Court of Appeals · 1912
- Moore v. WilliamsonSupreme Court of Alabama · 1923
- O'Neal v. TurnerSupreme Court of Alabama · 1935
- Gafford v. TittleSupreme Court of Alabama · 1932
11 more not listed; retrieve them via the Exa API.