Legal Opinion

Swann v. Southern Express Co.

Mississippi Supreme Court

Decided October 15, 1876PublishedCited by 1 opinion

Error to the Circuit Court of Hinds County. Hon. George E. Brown, Judge. This was an action of covenant by the Southern Express Company against George F. Swann, and E. Virden and G. T. Swann, sureties on his bond, given to the express company as route messenger, conditioned that he would well and truly perform the duties required of him in said employment, and account for all money or property which might come into his control by reason of said employment, and indemnify the…

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Error to the Circuit Court of Hinds County. Hon. George E. Brown, Judge. This was an action of covenant by the Southern Express Company against George F. Swann, and E. Virden and G. T. Swann, sureties on his bond, given to the express company as route messenger, conditioned that he would well and truly perform the duties required of him in said employment, and account for all money or property which might come into his control by reason of said employment, and indemnify the company against all loss or damage which might happen to such money or property while under his control, and against all…

1Opinion of the CourtChalmers, J.

The Southern Express Company brought this action against George F. Swann and the sureties on the bond, executed by him while a messenger in its service, to recover the sum of $1,500 alleged to have been by him received in his capacity as messenger, and to have been by him embezzled or lost.

The package containing the money had been confided to the express company at Courtland, Ala., to be transported and delivered to B. F. Walker, at Troup, Texas. It seems to have been safely transmitted by successive messengers until it came into the hands of one Beall, who claims in turn to have delivered it…

2Cases cited2 opinions

  1. Barber v. BraceSupreme Court of Connecticut · 1819
  2. Stapleton v. KingSupreme Court of Iowa · 1871

3Cited by1 opinion

  1. Johnson v. JohnsonMississippi Supreme Court · 1896

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