Martin v. Ellerbe's Adm'r
Supreme Court of Alabama
Appeal from tlie City Court of Selma. Tried before tlie Hon. Jona. Haralson. This action was brought by Atlas J. Martin, against Samuel "W. Pegues, as the administrator de bonis non of the estate of Alexander ~W. Ellerbe, deceased; and was commenced on the 3d August, 1878. The first count in the complaint was in the form of a common count for money paid, claiming $4,000 for money “paid by plaintiff for defendant’s said intestate, at his request, on, to-wit, February 23d,…
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Appeal from tlie City Court of Selma. Tried before tlie Hon. Jona. Haralson. This action was brought by Atlas J. Martin, against Samuel "W. Pegues, as the administrator de bonis non of the estate of Alexander ~W. Ellerbe, deceased; and was commenced on the 3d August, 1878. The first count in the complaint was in the form of a common count for money paid, claiming $4,000 for money “paid by plaintiff for defendant’s said intestate, at his request, on, to-wit, February 23d, 1873, and divers other days thereafter, with the interest thereonand the third count was as follows: “ 3. Plaintiff also…
1Opinion of the CourtBrickell, C. J.
The death of Ellerbe terminated the trusts of his administration of the estate of Waller, for the due and faithful performance of which the appellant was liable as his surety, according to the tenor and effect of the bond into which they had entered. As surety, the appellant was bound to pay whatever liability then rested on Ellerbe as administrator. ITis liability was not contingent, or conditional: it did not depend upon a judicial ascertainment of the state of Ellerbe’s accounts, by a suit in any court.—Fretwell v. McLemore, 52 Ala. 124; McDowell v. Jones, 58 Ala. 25. A settlement of the…
2Cases cited27 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Stovall v. BanksSupreme Court of the United States · 1871
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Craig v. CraigSupreme Court of Pennsylvania · 1835
22 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Adams v. SayreSupreme Court of Alabama · 1884
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Glenn v. American Surety Co.Court of Appeals for the Sixth Circuit · 1947
- Houston v. FarrisSupreme Court of Alabama · 1882
- United States Fidelity & Guaranty Co. v. Centropolis Bank of Kansas City, Mo.Court of Appeals for the Eighth Circuit · 1927
36 more not listed; retrieve them via the Exa API.