Legal Opinion

American Bonding Co. v. Allison

Court of Appeals for the Fifth Circuit

Decided November 3, 1910No. 2,052PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the Northern District of Alabama. Action by Charles J. Allison, for the use, etc., against the American Bonding Company. Judgment for plaintiff, and defendant brings error,

1Per curiam

The bond sued on was given and taken for the benefit of the estate of C. M. Burkhalter & Co. in bankruptcy, and it is immaterial whether the use alleged in the declaration was for the benefit of Rogers, receiver, or some other person representing the estate. And see United States v. Abeel, 174 Fed. 12-19, 98 C. C. A. 50; Boston El. Ry. Co. v. Grace & Hyde Co., 112 Fed. 284, 50 C. C. A. 239. We find no reversible error in the rulings on the pleadings.

The evidence objected to on the trial was admissible, and tended to establish the plaintiff’s demand. Under the evidence in the case, the court…

2Cases cited2 opinions

  1. United States v. AbeelCourt of Appeals for the Fifth Circuit · 1909
  2. Boston El. Ry. Co. v. Grach & Hyde Co.Court of Appeals for the First Circuit · 1901

3Cited by4 opinions

  1. United States v. WardCourt of Appeals for the Eighth Circuit · 1919
  2. Bosler v. United StatesCourt of Appeals for the Eighth Circuit · 1928
  3. United States Fidelity & Guaranty Co. v. Pennsylvania ex rel. Clarion County Poor Dist.Court of Appeals for the Third Circuit · 1911
  4. Columbian Reinforced Concrete Co. v. RoseCourt of Appeals for the Third Circuit · 1911

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