Borden v. Bradshaw
Supreme Court of Alabama
Appeal from Greene Circuit Court. Tried before Hon. Luthee R. Smith. This was a suit by John W. Bradshaw against William A. Borden and Thomas C. Clark ; was commenced on. 21st August, 1877, and was founded on a bond executed by Borden, a licensee of a ferry, as principal, and by Clark, as surety, under the provisions of section 1680 of the Code of 1876. The complaint contains two counts, one assigning as a breach of the condition of the bond, that Borden, while the keeper of…
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Appeal from Greene Circuit Court. Tried before Hon. Luthee R. Smith. This was a suit by John W. Bradshaw against William A. Borden and Thomas C. Clark ; was commenced on. 21st August, 1877, and was founded on a bond executed by Borden, a licensee of a ferry, as principal, and by Clark, as surety, under the provisions of section 1680 of the Code of 1876. The complaint contains two counts, one assigning as a breach of the condition of the bond, that Borden, while the keeper of the ferry, under his license, and while the bond was of force, did not keep'the banks on either side of the river (the…
1Opinion of the CourtStone, J.
We do not doubt, that the claim of plaintiff for injury to his horses and vehicles, asserted in this action, is of a class of property-rights, which passes to the assignee on an adjudication in bankruptcy. It is a suit for damages to property, the alleged result of negligence in the conduct of a ferry, in which the measure of recovery is the amount of the injury sustained, to which interest may be added. A claim of this kind is a provable debt against the estate of a bankrupt, and is alike assets of the bankrupt’s estate, which vests in the assignee.—Cole v. Roach, 10 B. R. 288; S. C. 37 Tex.…
2Cases cited5 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Walker v. CarrollSupreme Court of Alabama · 1880
- Tucker v. Henderson's Adm'rSupreme Court of Alabama · 1879
- Cole v. RoachTexas Supreme Court · 1873
- In Re Petroleum Tank Lines, Inc.United States Bankruptcy Court, W.D. New York · 1981
3Cited by5 opinions
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- Enzor & McNeill v. HurtSupreme Court of Alabama · 1884