Alabama Fidelity & Casualty Co. v. Alabama Fuel & Iron Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Action by the Alabama Fuel & Iron Company against the Alabama. Fidelity & Casualty Company. Judgment for plaintiff, and defendant appeals. One R C. Banks made a contract with the appellee, whereby he (Banks) undertook to handle coal for said company in Montgomery. The contract was in writing. The performance of this contract by Banks with the appellee company was guaranteed by the appellant.
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Appeal from Circuit Court, Jefferson County; H. A. Sharpe, Judge. Action by the Alabama Fuel & Iron Company against the Alabama. Fidelity & Casualty Company. Judgment for plaintiff, and defendant appeals. One R C. Banks made a contract with the appellee, whereby he (Banks) undertook to handle coal for said company in Montgomery. The contract was in writing. The performance of this contract by Banks with the appellee company was guaranteed by the appellant. A copy of the contract by Banks with the appelieé and a copy of the contract of guaranty by the appellant is set out in the record of the…
1Opinion of the CourtGardner, J.
This is the third appeal in this cause. Ala. Fid. & Cas. Co. v. Ala. Fuel & Iron Co., 190 Ala. 397, 67 South. 318; Ala. Fuel & Iron Co. v. Ala. Fid. & Cas. Co., 197 Ala. 669, 73 South. 374. Upon the first appeal, it was held that plea 5, which alleged that the plaintiff relieved Banks of his obligation to comply with the terms of the contract relative to making monthly statements and payments for the coal shipped him without the consent of the defendant, set up a good defense, in that it disclosed a material alteration in the contract by the plaintiff without the consent of the surety, and…
2Cases cited10 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Home Insurance v. HolwaySupreme Court of Iowa · 1881
- Manchester Fire Assurance Co. v. RedFieldSupreme Court of Minnesota · 1897
- Alabama Fidelity & Casualty Co. v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1914
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3Cited by3 opinions
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- Haddock Construction Co. v. WilberOregon Supreme Court · 1946
- New Jersey Ins. Co. v. AndersonCourt of Appeals of Texas · 1936