First National Bank v. Fidelity & Deposit Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. This was an action by appellant against appellee upon a contract of suretyship entered into between appellant and appellee as the surety of John TV. Hood & Co., who had a contract to erect a building for appellant. The bond or contract of suretyship was in words and figures as follows: “The State of Alabama, Montgomery Conntv.
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Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. This was an action by appellant against appellee upon a contract of suretyship entered into between appellant and appellee as the surety of John TV. Hood & Co., who had a contract to erect a building for appellant. The bond or contract of suretyship was in words and figures as follows: “The State of Alabama, Montgomery Conntv. Know all men by these presents: That we, John W. Flood & Company as principal, and the Fidelity & Deposit Company of Maryland, as surety, are held and firmly bound unto First National Bank of Montgomery,…
1Opinion of the CourtSimpson, J.
This Avas an action by appellant against appellee, based upon a bond which appellee executed March 7, 1901, as surety for John W. Hood & Co. to secure the faithful performance of a contract by which said Hood & Oo. had agreed to furnish materials and erect a certain building in Montgomery, Ala.
The first point raised by the pleadings, and strenously and ably argued in the briefs of both the appellant and appellee, is AArhether or not, in a case like this, Avhere the building contract specifies that payment shall be made as the Avork progresses upon certificate of the architect, and estimates…
2Cases cited11 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Boswell v. StateSupreme Court of Alabama · 1879
- Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hightower and Co., Inc. v. US Fidelity and Guaranty Co.Supreme Court of Alabama · 1988
- Williams v. BaldwinTexas Commission of Appeals · 1921
- De Moville v. Merchants & Farmers BankSupreme Court of Alabama · 1939
- Ramada Development Company, a Corporation v. United States Fidelity & Guaranty Company, a CorporationCourt of Appeals for the Sixth Circuit · 1980
- Citizens' Bank v. PearsonSupreme Court of Alabama · 1927
23 more not listed; retrieve them via the Exa API.