Legal Opinion

Magee v. Manhattan Life Insurance

Supreme Court of the United States

Decided May 18, 1876No. 195PublishedCited by 75 opinions

Error to the Circuit Court of the United States for the Southern District of Alabama. This is a suit by The Manhattan Life Insurance Company of the city of New York against the plaintiffs in error, sureties on the bond of one Henry V. H. Yoorhees, who was the agent of the company at Mobile, Ala.

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Error to the Circuit Court of the United States for the Southern District of Alabama. This is a suit by The Manhattan Life Insurance Company of the city of New York against the plaintiffs in error, sureties on the bond of one Henry V. H. Yoorhees, who was the agent of the company at Mobile, Ala. The bond sued on is as follows: — “ Know all men by these presents, That we, Henry Y. H. Yoorhees, as principal, and Jacob Magee and Henry Hall, as securities, of the town of Mobile, and State of Alabama, are held and firmly bound unto the Manhattan Life Insurance Company of the city of New York in…

1Opinion of the CourtJustice Swayne

The defendant in error sued the plaintiffs in error upon a bond, which recited that Henry Y. H. Yoorhees had been appointed an agent of the insurance company, and was conditioned for his paying over to the company all moneys belonging to it which he should receive.

The breach alleged was that he had received such moneys, which he had failed to pay over.

The defendants pleaded three pleas: —

(1.) That Yoorhees had paid over all moneys belonging to the company which he received after the execution of the bond.

(2.) That, at the time of the execution of the bond, Voorhees, as such agent, was…

2Cases cited2 opinions

  1. Ham v. GreveIndiana Supreme Court · 1870
  2. Burks v. WonterlineCourt of Appeals of Kentucky · 1869

3Cited by75 opinions

  1. Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
  2. Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
  3. United States v. Lennard L. MeadCourt of Appeals for the Ninth Circuit · 1970
  4. St. Paul Fire & Marine Insurance Co. (Surety for Carreon, Inc.) v. United StatesCourt of Appeals for the Federal Circuit · 1993
  5. American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906

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