Discharge Of Surety

36 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Anderson v. Trueman
  100 Fla. 727· Fla.· 1930-09-04 ·cited 61×
  A receiver for a failed bank sought to foreclose a mortgage securing a promissory note that had been renewed multiple times without the consent of the female mortgagors. The Florida Supreme Court held that the mortgage secured the underlying debt itself, not the specific note as
• Frank Herman & Co. v. Helena Williams
  36 Fla. 136· Fla.· 1895-06-01 ·cited 40×
  Frank Herman & Co. sued Helena Williams, executrix of R.S. Williams' estate, as guarantor of M.R. Cohen's debt for goods purchased in 1888. The court affirmed judgment for Williams, holding that the creditors discharged the guarantor by accepting promissory notes from the princip
• Keene Corp. v. Int'l Fid. Ins. Co.
  736 F.2d 388· 7th Cir.· 1984-05-29 ·cited 26×
  A compensated surety is not discharged by an extension of time for performance unless the extension is supported by valid consideration, and a surety is not discharged by extensions if it had notice and tacitly consented.
• Sauder v. Dittmar
  118 F.2d 524· 10th Cir.· 1941-02-27 ·cited 24×
  The court held that modifications to the original contract did not release Sauder from his liability as a surety, and that the contract was not abandoned as to him. Furthermore, the court found no anticipatory breach justifying acceleration of future payments.
• SUN Bank & Tr. Co. v. Jones
  645 So. 2d 1008· Fla. 5th DCA· 1994-09-30 ·cited 15×
  Sun Bank, as personal representative of a deceased ward's estate, appealed a probate court order denying objections to fees paid to the guardian and his attorney for services rendered in attempting to implement an unauthorized real estate transaction. The Fifth District Court of
• Cole v. The Exch. Nat'l Bank OF Chicago
  183 So. 2d 195· Fla.· 1966-01-19 ·cited 14×
  The Florida Supreme Court held that mortgagors who secure the debt of another occupy a surety position, and therefore an extension of the underlying debt granted without the mortgagor's consent discharges the mortgage, overturning the Third District Court of Appeal's reliance on
• Knutson v. Metallic Slab Form Co.
  128 F.2d 408· 5th Cir.· 1942-05-22 ·cited 13×
  The surety was not discharged from its obligations because its repudiation of the contract was unjustified, and subsequent changes to the contract did not prejudice the surety.
• Argonaut Ins. Co. v. Town OF Cloverdale
  699 F.2d 417· 7th Cir.· 1983-02-09 ·cited 12×
  A surety is not discharged from its obligations due to unauthorized advance payments made by the obligee in good faith reliance on an engineer's certificate, especially when the materials paid for are used in the project.
• Vanguard Constr. Co., Inc. v. The Lewis State Bank
  348 So. 2d 72· Fla. 1st DCA· 1977-07-22 ·cited 12×
  The court held that individual endorsers were not discharged by an extension agreement and that the deficiency judgment was not inequitable under the circumstances.
• Fid. & Deposit Co. of Md. v. Hogan
  102 Fla. 196· Fla.· 1931-06-25 ·cited 12×
  A surety company sued a guardian for unpaid annual premiums on a guardianship bond after the county judge discharged the surety and approved a substitute bond. The Florida Supreme Court held that county judges have constitutional and statutory authority to discharge sureties on g
• Chrysler Corp. v. The Hanover Ins. Co.
  350 F.2d 652· 7th Cir.· 1965-09-03 ·cited 10×
  A surety is discharged from liability if the obligee materially alters the principal's contract without the surety's consent.
• United States v. Carolina Cas. Ins. Co.
  237 F.2d 451· 7th Cir.· 1956-10-11 ·cited 10×
  The involuntary induction of a bail bond principal into the military does not automatically discharge the surety, especially when the principal is discharged before default and the surety fails to utilize statutory protections.
• Fast Release Bail Bonds, Inc. v. State
  895 So. 2d 448· Fla. 4th DCA· 2005-02-02 ·cited 8×
  Two bail bond sureties appeal the denial of their motion to set aside a bond forfeiture, arguing they were prejudiced by the court's issuance of a capias that caused the defendant to flee. The court affirmed, holding that the defendant's independent decision to flee, rather than
• Rabon v. Putnam
  164 F.2d 80· 10th Cir.· 1947-10-13 ·cited 8×
  The court held that the trial court was warranted in concluding that the parties did not intend by the contract to alter or modify the terms of the note or extend the time for payment.
• ST. Petersburg Bank & Tr. Co. v. Boutin
  445 F.2d 1028· 5th Cir.· 1971-06-24 ·cited 6×
  The SBA was discharged from its first loan guaranty due to the Bank's material increase of risk by pledging set-aside securities for non-guaranteed loans. However, the SBA remained liable on the second guaranty because its own examination should have revealed the securities' abse
• Reliance Ins. Co. of Philadelphia v. Colbert
  365 F.2d 530· D.C. Cir.· 1966-07-18 ·cited 6×
  The court held that material alterations to a construction contract without the surety's consent can discharge the surety's obligation, but the surety is only released to the extent of demonstrable prejudice caused by the alterations.
• United Bonding Ins. Co. v. Atl. Roofing & Sheet Metal Co., Inc.
  221 So. 2d 461· Fla. 1st DCA· 1969-02-06 ·cited 4×
  A performance surety remains liable on its bond notwithstanding minor changes in contract specifications made without the surety's knowledge and consent, and subcontractors are not estopped from suing on the bond due to the owner's failure to provide timely notice of the contract
• Mitchell v. Cotton
  3 Fla. 134· Fla.· 1850-01-01 ·cited 4×
  Mitchell sued on a joint promissory note executed by Doggett and Cotten in 1841 for $15,955 with 10% interest. Cotten was a surety for principal obligor Doggett. The court held that a subsequent secret agreement between Doggett and Mitchell for additional usurious interest (2.5%)
• Neeley v. Bankers Tr. Co. OF Tex.
  848 F.2d 658· 5th Cir.· 1988-07-08 ·cited 2×
  A surety is not bound on a supersedeas bond when the appellate court reverses all monetary damages and remands for a new trial.
• ST. Paul Fire & Marine Ins. Co. & Boston Ins. Co. v. Commodity Credit Corp.
  646 F.2d 1064· 5th Cir.· 1981-06-04 ·cited 2×
  Sureties are discharged from their obligations on bonds when the creditor impairs collateral or fails to disclose material risks unknown to the surety.
• Brunswick Corp. v. Concorde Yachts, Inc.
  370 So. 2d 102· Fla. 4th DCA· 1979-05-02 ·cited 2×
  Brunswick Corporation sued on a promissory note against a maker and multiple sureties. After settling with some sureties via a covenant-not-to-sue that expressly reserved rights against remaining defendants, the trial court granted summary judgment for the remaining sureties. The
• Home Owners Ins. Co. v. Charles Sales Corp. OF Orlando
  222 So. 2d 37· Fla. 3d DCA· 1969-04-01 ·cited 2×
  Home Owners Insurance Company appeals a judgment against it on a surety bond guaranteeing payment for materials furnished by Charles Sales Corp. to the principal contractor. The court affirmed the judgment, holding that the surety's liability was not discharged by the principal's
• Rose v. Grable
  203 So. 2d 648· Fla. 3d DCA· 1967-10-31 ·cited 2×
  Philip Rose appealed a jury verdict finding him unable to recover the unpaid balance of a promissory note from Phyllis L. Grable, who had endorsed the note individually. The court affirmed, holding that Rose's voluntary compromise with the principal obligor (Grable's Bakery, Inc.
• Atterbury v. Carpenter
  321 F.2d 921· 9th Cir.· 1963-08-14 ·cited 2×
  The court held that Atterbury was a surety, not an indemnitor, and was discharged from his obligation due to material changes in the loan agreement made without his consent.
• Reid v. Miles Constr. Corp. & Great Am. Indem. Co. of N.Y. (Defendants) & Banco Land Co.
  307 F.2d 214· 8th Cir.· 1962-08-21 ·cited 2×
  The court held that the trial court's findings of fact were not clearly erroneous and that the surety was liable for damages, penalties, and attorney's fees.
• Faye Aiken v. Aiken
  81 So. 2d 757· Fla.· 1955-07-27 ·cited 2×
  In this Florida divorce case, the trial court ordered a portion of a $2,000 ne exeat bond posted by a bail bonding company to be applied toward the wife's costs and attorney fees, despite the husband remaining within the state's jurisdiction. The Supreme Court reversed, holding t
• Mitchell v. Cotten
  2 Fla. 136· Fla.· 1848-01-01 ·cited 1×
  Isaac Mitchell sued Frederick Cotten (executor of John W. Cotten) to recover on a promissory note for $15,955. The trial court ruled for the defendant, but the Supreme Court reversed, holding that Mitchell could recover the original consideration on the money counts despite the s
• Fireline Bail Bonds & United States Fire Ins. Co. v. Brock
  110 So. 3d 11· Fla. 2d DCA· 2013-02-06
  A bail bond surety appeals the denial of its motion for full remission of two bail bond forfeitures after a defendant failed to appear for trial. The court held that the State's addition of a new charge without notice to the surety did not discharge the surety's obligations on th
• Allstate Ins. Co. v. Am. Bankers Ins. Co. OF Fla.
  882 F.2d 856· 4th Cir.· 1989-08-10
  The court held that an assignment of future annuity payments was not a valid legal assignment because the assignor lacked ownership and it did not transfer a present right, and that even as an equitable assignment, it would not be enforced due to inequitable circumstances. Furthe
• White v. Lofton A. Phillips
  679 F.2d 373· 5th Cir.· 1982-06-16
  The dissenting judge believes the case should be remanded for factual findings regarding the nature of the factoring agreements and the scope of the guaranty.
• Oellerich v. First Fed. Sav. & Loan Ass'n OF Augusta
  552 F.2d 1109· 5th Cir.· 1977-05-26
  A fee paid to avoid acceleration of a mortgage due-on-sale provision is not a refinancing requiring Truth-in-Lending Act disclosure if the original borrowers are released from all liability under state law due to a modification of the loan terms between the lender and the new pro
• Coastal States GAS Corp. v. Atl. Tankers, Ltd.
  546 F.2d 15· 2d Cir.· 1976-12-16
  The court held that the guarantor's obligation was not discharged by the vessel's successive transfers, as the charter party contemplated such transfers with the charterer's consent.
• Reserve Ins. Co. v. Gayle
  393 F.2d 585· 4th Cir.· 1968-04-03
  The court held that the jury's finding that the guarantor was released from his obligations was unassailable and that, as a matter of law, the guarantor's liability was fully satisfied by subsequent payments made by the principal debtor.
• Gunnell Constr. Co., Inc. v. Hartford Accident & Indem. Co.
  374 F.2d 278· D.C. Cir.· 1966-12-29
  The court held that the dismissal of claims against the principal with prejudice also discharged the surety on the performance bond.