Craft v. Lott
Mississippi Supreme Court
From the circuit court of. Harrison county. Hon. William T. McDonald, Judge. Craft, the appellant, was the plaintiff’in the court below; Lott, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Lott, the appellee, was the son of a defaulting tax collector of Mobile county, Alabama.
Read the full summary
From the circuit court of. Harrison county. Hon. William T. McDonald, Judge. Craft, the appellant, was the plaintiff’in the court below; Lott, the appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Lott, the appellee, was the son of a defaulting tax collector of Mobile county, Alabama. Craft, the appellant, at the instigation of the son, had become surety on the bond of the tax collector, and by reason of the defalcation had become liable to Mobile county for the sum of $1,250, which amount was adjudged to be due. Craft sued Lott,…
1Opinion of the CourtTruly, J.
The oral promise made to the appellant was clearly within the statute of frauds, and void. It was at most but a promise to reimburse the surety upon an official bond for any damages which he might incur in the future by reason of his suretyship. That such obligation is within the statute of frauds is well settled in this state, whatever the rule may be elsewhere. May v. Williams, 61 Miss., 125 (48 Am. St. Rep., 80); Bloom v. McGrath, 53 Miss., 249.
The contention of appellant that the rule is different in the state of Alabama, where the official bond was executed, even if sound under the…
2Cases cited4 opinions
- Holmes v. EvansMississippi Supreme Court · 1873
- Fisher v. KuhnMississippi Supreme Court · 1877
- May v. WilliamsMississippi Supreme Court · 1883
- Bloom v. McGrathMississippi Supreme Court · 1876
3Cited by5 opinions
- Redd and Hill v. L & a Contracting Co.Mississippi Supreme Court · 1963
- Newbern v. . FisherSupreme Court of North Carolina · 1930
- Corinth, Shiloh & Savannah Turnpike Co. v. GoochMississippi Supreme Court · 1916
- Feiler v. RosenbloomCourt of Special Appeals of Maryland · 1980
- Postal Telegraph & Cable Co. v. FriedhofMississippi Supreme Court · 1921