Legal Opinion

Maryland Casualty Co. v. McAlpin

Court of Appeals of Georgia

Decided December 5, 1923No. 15011PublishedCited by 9 opinions

1Opinion of the CourtBroyles, C. J.

1. A contract of suretyship must be strictly construed in the interest of the surety. Board of Education v. Fudge, 4 Ga. App. 637 (1 a).

2. Where an administrator receives money for the use of particular individuals, the receipt operates as a specific appropriation of that money, and the administrator is liable for it in his individual capacity only, such money being no part of the estate of the decedent. Johnson v. Hall, 101 Ga. 687, 691 (29 S. E. 37).

3. Where an administrator of the estate of a deceased employee of a railroad company receives money in settlement of a death claim against the…

2Cases cited3 opinions

  1. Johnson v. HallSupreme Court of Georgia · 1897
  2. Board of Education v. FudgeCourt of Appeals of Georgia · 1908
  3. Cooper v. CooperCourt of Appeals of Georgia · 1923

3Cited by9 opinions

  1. Peara v. Atlanta Newspapers, Inc.Court of Appeals of Georgia · 1969
  2. Friedman v. McHughCourt of Appeals for the First Circuit · 1948
  3. Boyd v. RichieSupreme Court of South Carolina · 1930
  4. Gule, M. N.R. Co. v. WoodMississippi Supreme Court · 1933
  5. Morris v. National Surety Co.Supreme Court of Georgia · 1934

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