Peay v. Southern Surety Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; ¡Before appellee oan recover, it must show that the sums alleged to have been paid ont were paid, and that it was legally liable for the sums, paid under the bond, and that Peay was legally liable for said sums. The liability of a surety is identical with that of the principal. If Peay was not liable for the sums alleged to have been paid, then appellee was not liable and it can not recover from Peay.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; ¡Before appellee oan recover, it must show that the sums alleged to have been paid ont were paid, and that it was legally liable for the sums, paid under the bond, and that Peay was legally liable for said sums. The liability of a surety is identical with that of the principal. If Peay was not liable for the sums alleged to have been paid, then appellee was not liable and it can not recover from Peay. The liability of a surety is measured by the strict terms of its contract, and can not be extended by construction or…
1Opinion of the CourtHumphreys, J.
This suit was instituted in the Pulaski County Chancery Court by appellee against appellants to recover $6,393.26 from Nick Peay, and to fore-' close a mortgage given by Nick Peay and .R. B. Malone, on the 30th day of January, 1913, to secure said indebtedness. Prior to the institution of the suit, R. B. Malone had died, and the administrator of his estate and his minor heirs, through their guardian, were made parties defendant to the suit, and are a part of the appellants herein. The other appellants, in addition to Nick Peay, were made parties defendant in the suit on account of alleged…
2Cases cited2 opinions
- Miller v. DarganSupreme Court of Arkansas · 1918
- Southern Surety Co. v. PerdueSupreme Court of Arkansas · 1918
3Cited by5 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
- Fireman's Fund Insurance Company v. ClarkSupreme Court of Arkansas · 1973
- Fidelity & Casualty Co. of New York v. McNamaraWest Virginia Supreme Court · 1945
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925