United States Fidelity & Guaranty Co. v. Felder
Mississippi Supreme Court
Appeal from tbe circuit court of Pike county. Hon. D. M. Millee, Judge. Suit by tbe United States Fidelity and Surety Company against A. D. Felder. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. The sole question in the case is, whether the ex parte order of the chancery court, certified copy of which is exhibited with the declaration, discharged the surety company from Felder’s bond.
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Appeal from tbe circuit court of Pike county. Hon. D. M. Millee, Judge. Suit by tbe United States Fidelity and Surety Company against A. D. Felder. From a judgment for defendant, plaintiff appeals. Tbe facts are fully stated in tbe opinion of tbe court. The sole question in the case is, whether the ex parte order of the chancery court, certified copy of which is exhibited with the declaration, discharged the surety company from Felder’s bond. If it did, the surety company is not, of course, entitled to the premium, and the demurrer was properly sustained; otherwise, appellant is entitled to…
1Opinion of the CourtCook, J.
Appellee was assignee receiver of the People’s Bank of Magnolia, and as such he was required to give a bond for one hundred thousand, two hundred and fifty dollars, and procured appellant to execute this bond as his surety. In consideration of appellant’s suretyship, appellee contracted to pay appellant annually a premium of five hundred and one dollars and twenty-five cents. The first premium was paid, but appellee refused to pay the second premium when it fell due under the contract, whereupon appellant instituted this action to recover the second premium. Before the premium sued for was…
2Cases cited2 opinions
- Clark v. American Surety Co.Illinois Supreme Court · 1897
- Faust v. MurphyMississippi Supreme Court · 1893
3Cited by1 opinion
- Wright v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Fifth Circuit · 1928