Evans v. Keeland
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Debt on bond, by the defendant, against the plaintiffs in error. The defendant, Evans, permitted judgment to go by default, and Arrington pleaded in short by consent, fraud, and failure of consideration.
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Error to the Circuit Court of Sumter. Debt on bond, by the defendant, against the plaintiffs in error. The defendant, Evans, permitted judgment to go by default, and Arrington pleaded in short by consent, fraud, and failure of consideration. Upon the trial of these issues, it appears by a bill of exceptions, that the bond sued on, was the last of four executed by Evans, to one Bolling, for the purchase of a tract of land, negroes, horses, cattle, &c., and that Arrington was the surety of Evans. That in a conversation which took place in the house of Arrington, in the year 1837, when Bolling…
1Opinion of the CourtOrmond, J.
The contract of suretyship has been defined to be, a contract whereby one person engages to be answerable for the debt, default, or miscarriage of another. It is an obligation accessorial to that of the principal debtor; the debt is due from the principal, and the surety is merely a guarantor for its payment. [1 Evans’ Poth. on Ob. art. 5, 228.] A corailary from this definition, is, that it is of the essence of such a contract, that there be a valid obligation of the principal debtor. And .as upon a recovery by the creditor against the .surety, he could re-imburse himself by a suit against…
2Cases cited5 opinions
- Townsend v. EverettSupreme Court of Alabama · 1843
- Camp v. CampSupreme Court of Alabama · 1841
- Van Arsdale v. HowardSupreme Court of Alabama · 1843
- Evans v. BollingSupreme Court of Alabama · 1843
- Porter v. NashSupreme Court of Alabama · 1840
3Cited by16 opinions
- City of Chicago v. GageIllinois Supreme Court · 1880
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Mapes v. FosterWyoming Supreme Court · 1928
- Bradley v. BentleySupreme Court of Alabama · 1935
- Harper v. StateAlabama Court of Appeals · 1915
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