United States Fidelity & Guaranty Co. v. Union Trust & Savings Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This suit was brought in said City Court on March 22, 1902, by Union Trust & Savings Company as trustee for Edmund Tatum and Clark Tatum, against The United States Fidelity & Guaranty Company as the surety upon the official bond of W. H. Parks as register in chancery, to recover seventeen hundred dollars, damages for the conversion of certain specified sums of money alleged to> have been received by…
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This suit was brought in said City Court on March 22, 1902, by Union Trust & Savings Company as trustee for Edmund Tatum and Clark Tatum, against The United States Fidelity & Guaranty Company as the surety upon the official bond of W. H. Parks as register in chancery, to recover seventeen hundred dollars, damages for the conversion of certain specified sums of money alleged to> have been received by said register in his official capacity, belonging to said Edmund and Clark Tatum, and by the register deposited to his…
1Opinion of the Court
McCLELLAN, C. <T.
A bond intended by the obligors thereon to be the official bond of a public officer and *538which such public officer acts under is by force of the statute the official bond! of such officer, and in legal contemplation and effect such bond is payable and conditioned -as the statute requires the official bond of such officer to be payable and conditioned. — Code, § § 3070, 3087, 3089; Sprowl v. Lawrence, 33 Ala. 674; Lewis v. Lee County, 66 Ala. 480, 488-9; Steele v. Tutwiler, 68 Ala. 107; McKissack v. McClendon, 133 Ala. 558.
That the bond sued on in this case was intended by the…
2Cases cited5 opinions
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Steele v. TutwilerSupreme Court of Alabama · 1880
- Lewis v. Lee CountySupreme Court of Alabama · 1880
- Lister v. VowellSupreme Court of Alabama · 1898
- McKissack v. McClendonSupreme Court of Alabama · 1901
3Cited by20 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Southern Surety Co. v. KinneyIndiana Court of Appeals · 1920
- National Surety Co. v. StateSupreme Court of Alabama · 1929
- Adams v. WilliamsMississippi Supreme Court · 1910
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