National Surety Co. v. Farmers State Bank
Supreme Court of Georgia
Action upon bond. Before Judge Park. Jasper superior court. February 16, 1915. The Farmers State Bank of Sparks, Georgia, brought suit against the National Surety Company on a bond called in the petition a fidelity bond.
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Action upon bond. Before Judge Park. Jasper superior court. February 16, 1915. The Farmers State Bank of Sparks, Georgia, brought suit against the National Surety Company on a bond called in the petition a fidelity bond. Among the terms of this bond are the following: “Whereas Farmers State Bank, Sparks, Ga., (hereinafter designated the ‘employer’) has appointed to positions in the service of the employer that certain person or those certain persons (hereinafter designated ‘employees’) whose name or names appear in the schedule hereto attached, . . in respect of whom the employer requires…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. A plaintiff may include in one petition several causes of action against the defendant, provided they are of the same character, that is, all sounding in tort, or all in contract. Civil Code (1910), § 5521. And if he does this by setting out the different causes of action in separate counts, he will not be compelled to elect on which count he will proceed. Southern Ry. Co. v. Chambers, 126 Ga. 404 (55 S. E. 37). The plaintiff may in different counts set out the same cause of action in various ways; and where the petition contains more than one count…
2Cases cited14 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Southern Railway Co. v. ChambersSupreme Court of Georgia · 1906
- Gainesville & Dahlonega Electric Railway Co. v. AustinSupreme Court of Georgia · 1905
- Mayor of Brunswick v. HarveySupreme Court of Georgia · 1902
- Jerome v. WhitneyNew York Supreme Court · 1811
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3Cited by7 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Milton v. MiltonSupreme Court of Georgia · 1942
- Ussery v. KochCourt of Appeals of Georgia · 1967
- Foster v. Southern Railway Co.Court of Appeals of Georgia · 1931
- Lanier v. BerryCourt of Appeals of Georgia · 1930
2 more not listed; retrieve them via the Exa API.