AMERICAN SURETY CO. OF NEW YORK
v.
NASSAU COUNTY, ET AL., FOR THE USE AND BENEFIT OF SUWANNEE MANUFACTURING CO.
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The Florida Supreme Court affirmed a lower court's judgment against a surety company on a contractor's bond. The court found that all issues raised on appeal had been previously settled by prior rulings, making further discussion unnecessary.
Yes, the lower court's judgment was sound. The issues presented on appeal had been previously decided by this Court in a manner adverse to the surety's contentions.
“It appears to us that every question presented by the assignments of error has heretofore been settled by this Court adversely to the contention of plaintiff in error and, therefore, we apprehend there is' no useful purpose to be served by repetition of the several holdings of this Court enunciating the law ,properly applicable to the facts presented.”
This quote explains the court's reasoning for affirming the lower court's decision without extensive discussion.
A plaintiff filed suit against a principal and its surety on a contractor's statutory bond. Before trial, the plaintiff dismissed the suit against the…
The full statement of facts, procedural history, and disposition for this case are member content.
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This was a case wherein suit was originally filed against a principal and surety on a contractor’s' statutory bond. Suit was filed by the user, plaintiff.
*140On a date long prior to the date of trial the plaintiff dismissed the suit as to the principal and proceeded against the surety. The judgment was in favor of the plaintiff.
We have carefully considered the assignments of error and the contentions of the plaintiff in error in regard to those matters and things which are relied upon for reversal.
It appears to us that every question presented by the assignments of error has heretofore been settled by this Court adversely to the contention of plaintiff in error and, therefore, we apprehend there is' no useful purpose to be served by repetition of the several holdings of this Court enunciating the law ,properly applicable to the facts presented.
Therefore, the judgment should be affirmed and it is so ordered.
Affirmed.
Davis, C. J., and Whitfield, Ellis, Terrell and Buford, J. J., concur.
Brown, J., not participating because of illness.
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Hassey v. Williams, 127 Fla. 734 (Fla. 1937)…n equity in favor of the grantor or his representatives except on condition that the price paid be restored to the grantee and the parties placed back in the condition they were before the transaction. Farrior v. Hughes-Law Lumber Co., 113 Fla. 209, 151 So. 377; Sheppard v. Cherry, 118 Fla. 473, 159 So. 661; Riggan v. Green, 80 N. C. 236, 30 Am. St. Rep. 77; Eaton v. Eaton, 37 N. J. L. 109; Gribben v. Maxwell, 34 Kan. 8, 7 Pac. 584; El [*740] dredge v. Palmer, 185 Ill. 618, 57 N. E. 770; 32 C. J. 734; Pome…
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Perper v. Edell, 160 Fla. 477 (Fla. 1948)…fair consideration, without notice of the infirmity and before an adjudication of insanity, and has been executed in whole or in part, unless the parties can be restored to their original position. In Farrior v. Hughes-Law Lumber Co., 113 Fla. 209, 151 So. 377, we in part said: “ ‘According to the weight of authority, however, where there has been no inquisition or adjudication of insanity, a contract entered into upon an adequate consideration of which the insane person has had the benefit, and made by…
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Vasquez v. Simms, 75 So. 2d 783 (Fla. 1954)…ge and prove that the defendant had knowledge or reasonable cause to believe that plaintiff was mentally incompetent at the time the settlement was effected. On this question this Court in the case of Farrior v. Hughes-Law Lumber Co., 113 Fla. 209, 151 So. 377, said: “ ‘According to the weight of authority,, however, where there has been no inquisition or adjudication of insanity, a contract entered into upon an adequate consideration of which the insane person has had the benefit, and made by the other…
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