Legal Opinion

Federal Union Surety Co. v. McGuire

Supreme Court of Arkansas

Decided February 16, 1914PublishedCited by 4 opinions

Appeal from Phillips Circuit Court; Edwin Bevens, Special Judge; 1. It needs no citation of authorities to show that the court erred in permitting the witness McGuire to read to the jury a copy of a letter purporting to have been written to the appellant, without requiring' a proper foundation for the introduction uf a copy instead of the original letter. 2. It was error to permit this witness to detail transactions and conversations between himself and a party claimed by…

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Appeal from Phillips Circuit Court; Edwin Bevens, Special Judge; 1. It needs no citation of authorities to show that the court erred in permitting the witness McGuire to read to the jury a copy of a letter purporting to have been written to the appellant, without requiring' a proper foundation for the introduction uf a copy instead of the original letter. 2. It was error to permit this witness to detail transactions and conversations between himself and a party claimed by him to have been the agent of appellant. One who deals with a special agent is bound to ascertain the nature and extent of…

1Opinion of the CourtMcCulloch, C. J.

This in an action instituted by appellee against appellant, a surety company, to recover on a bond executed by the latter to stand surety for one James Loveland for the performance of his contract with appellee for the construction of a building in the city of Helena, Arkansas.

According to the terms of said contract, Loveland undertook to furnish material and build the house for appellee at the stipulated price of $4,132, to be paid as follows:

When the foundation is in and the framing is up, . excepting the rafters.......................$1,000

When the storm sheathing and roof is on.........…

2Cases cited2 opinions

  1. American Bonding Co. v. MorrowSupreme Court of Arkansas · 1906
  2. Eureka Stone Co. v. First Christian ChurchSupreme Court of Arkansas · 1908

3Cited by4 opinions

  1. Morley v. McGuireSupreme Court of Arkansas · 1951
  2. United States Fidelity & Guaranty Co. v. Colonial Baking Co.Supreme Court of Arkansas · 1952
  3. Massachusetts Bonding & Insurance v. HigginsSupreme Court of Arkansas · 1915
  4. Morley v. McGuireSupreme Court of Arkansas · 1951

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