Adams v. Fidelity Mutual Life Insurance
Mississippi Supreme Court
From the circuit court of Lowndes county. IIon. J. L. Buckley, Judge. The Fidelity Mutual Life Insurance Company, appellee, a corporation, was plaintiff .in the court below; Adams and others, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court.
Read the full summary
From the circuit court of Lowndes county. IIon. J. L. Buckley, Judge. The Fidelity Mutual Life Insurance Company, appellee, a corporation, was plaintiff .in the court below; Adams and others, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court. The Fidelity Mutual Life Insurance Company began suit before a justice of the peace on a bond in the company’s favor executed in February, 1906, by Adams as principal and three others as sureties. The suit was begun by the filing of a declaration on a bond, alleging that Adams had failed to…
1Opinion of the CourtFletcher, J.
This suit was instituted on the bond of Adams, executed to appellees; the principal and sureties being sued. The sureties answered, denying that there had been any breach of the conditions of the bond. No proof whatever was offered by plaintiff showing that there had been any such breach. He contented himself with offering an itemized account, properly sworn to, to which there was no counter affidavit. The court, however, struck out the plea of the sureties and practically directed a verdict for the amount sued for, instructing the jury that a verdict should be for the plaintiff if the…
2Cases cited2 opinions
- American Surety Co. v. United States ex rel. Melton Hardware Co.Mississippi Supreme Court · 1898
- Dufour v. ChapotelMississippi Supreme Court · 1898