Suretyship

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

• Fla. Inv. Enters., Inc. v. The Ky. Co., Inc.
  160 So. 2d 733· Fla. 1st DCA· 1964-02-13 ·cited 104×
  Defendants appeal a default judgment entered when their attorney failed to file a responsive pleading, arguing excusable neglect based on a misunderstanding with opposing counsel and pending jury trials. The court reversed the judgment as to the corporate defendant and one indivi
• Royal Indem. Co. v. Knott
  136 So. 474· Fla.· 1931-07-23 ·cited 86×
  The Florida Supreme Court held that a surety on an indemnity bond may be made a proper party to an equity suit for accounting against a bond trustee, but only for purposes of determining the extent of the surety's liability—not for obtaining a judgment against the surety itself.
• Dadeland Depot, Inc. v. ST. Paul Fire & Marine Ins. Co.
  945 So. 2d 1216· Fla.· 2006-12-21 ·cited 76×
  The Florida Supreme Court answered five certified questions from the Eleventh Circuit regarding whether surety bond obligees can sue sureties for bad faith under Florida's insurance statutes. The Court held that obligees are "insureds" with standing to sue for bad faith refusal t
• Bernstein v. Lind-Waldock & Co. & Chicago Mercantile Exch.
  738 F.2d 179· 7th Cir.· 1984-06-18 ·cited 74×
  The court held that the appeal was timely, but the case was improperly removed to federal court as it did not arise under federal law, and the pendent party claim against Lind-Waldock should have been remanded.
• Dollar v. Land
  184 F.2d 245· D.C. Cir.· 1950-07-17 ·cited 61×
  The court held that the transfer of stock under the 1938 contract was a pledge, not an outright sale, based on the equitable nature of the transaction and the Commission's issuance of new certificates to itself.
• 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
• Saxis S.S. Co. v. Multifacs Int'l Traders, Inc.
  375 F.2d 577· 2d Cir.· 1967-03-30 ·cited 60×
  The court held that while the arbitration award confirmation was proper, the district court erred in barring a separate action by Renaissance against the owner, as Renaissance was not a party to the arbitration and had not had an opportunity to be heard.
• Smith v. Dowling
  81 Fla. 867· Fla.· 1921-06-06 ·cited 53×
  Smith, a surety on a bond guaranteeing a bank's deposits to the City of Live Oak, appeals a decree requiring him to contribute his ratable share to reimburse co-sureties who paid the full obligation after the bank became insolvent. The court upholds the contribution action and af
• Interocean Shipping Co. v. Nat'l Shipping & Trading Corp. & Hellenic Int'l Shipping, S.A.
  462 F.2d 673· 2d Cir.· 1972-06-23 ·cited 50×
  The court held that the district court erred in compelling arbitration without a trial because the appellants raised sufficient factual issues regarding the making of the arbitration agreement, including the existence of the charter party, the authority of the brokers, and the st
• Gen. Ins. Co. OF Am. v. Hercules Constr. Co.
  385 F.2d 13· 8th Cir.· 1967-10-24 ·cited 44×
  A surety's liability is joint and several, allowing suit against the surety alone even if the principal is not formally found liable in the same action. The method of calculating damages based on actual extra costs incurred due to the breach is permissible if reasonable.
• Fed. Deposit Ins. Corp. v. First Nat'l Fin. Co.
  587 F.2d 1009· 9th Cir.· 1978-12-12 ·cited 42×
  Appellants are estopped from asserting the defense of a secret agreement not to enforce the promissory notes, as they participated in a scheme that misrepresented the bank's assets.
• Slottow v. Hull Inv. Co.
  100 Fla. 244· Fla.· 1930-07-23 ·cited 42×
  When a mortgagor transfers mortgaged property to a grantee who assumes the debt, the mortgagor becomes a surety and the grantee a principal debtor as between themselves. However, the mortgagee's rights are not affected by this internal arrangement unless the mortgagee expressly r
• Trans-Bay Eng'rs & Builders, Inc. v. Hills
  D.D.C.· 1976-12-30 ·cited 41×
  The court held that Trans-Bay is conditionally entitled to recover retained construction funds under equitable doctrines, reversing summary judgment for HUD and Advance.
• 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
• Leslie S. Bowden in Bankr. for the Est. of Frank T. Hickey, Inc. v. United States for the use of Emmett J. Malloy
  239 F.2d 572· 9th Cir.· 1956-12-31 ·cited 38×
  The court held that a letter from a subcontractor to the prime contractor, authorizing payment to a supplier, does not constitute sufficient written notice under the Miller Act for the supplier to sue on the payment bond, as the notice must be sent by or on the authority of the s
• Standard Accident Ins. Co. v. Bear
  134 Fla. 523· Fla.· 1938-10-10 ·cited 38×
  Standard Accident Insurance Co., as surety on a contractor's bond, sought reversal of a decree requiring it to indemnify the owner Sullivan for materialman's liens on construction work. The Florida Supreme Court reversed, holding that when an owner receives statutory notice of a
• Consol. Naval Stores Co. v. Wilson
  82 Fla. 396· Fla.· 1921-11-23 ·cited 38×
  In this naval stores transaction, the Florida Supreme Court reversed a directed verdict against an endorser who challenged the plaintiff creditor's release of mortgage collateral without his consent. The court held that when a debtor directs application of sale proceeds to his ge
• Booske v. Gulf Ice Co.
  24 Fla. 550· Fla.· 1888-06-01 ·cited 38×
  The Florida Supreme Court affirmed judgment on a bond executed by three obligors guaranteeing payment for ice delivered by the Gulf Ice Company to August Booske. The court held that the bond's terms were sufficiently clear, parol evidence of additional agreements could not contra
• York Chrysler-Plymouth, Inc. v. Chrysler Credit Corp.
  447 F.2d 786· 5th Cir.· 1971-07-20 ·cited 37×
  The court held that Chrysler Corporation should have been dismissed as a defendant because it was not a party to the franchise agreement, but affirmed the judgment against Chrysler Motors Corporation. The court also affirmed the jury verdict against the individual Yorks on their
• Commercial Ins. Co. OF Newark v. Pacific-Peru Constr. Corp. & the Haw. Corp.
  558 F.2d 948· 9th Cir.· 1977-08-10 ·cited 36×
  The court held that the indemnity agreement, not the validity of Peruvian judgments, determined CIC's right to indemnification, and CIC was a third-party beneficiary entitled to enforce the agreement.
• Putnam Mills Corp. v. The United States
  479 F.2d 1334· Ct. Cl.· 1973-06-20 ·cited 36×
  The Court of Claims held that the plaintiff's failure to comply with its subcontract terms relieved the United States of any potential liability under the alleged contract, and granted summary judgment for the defendant.
• Austad v. United States
  386 F.2d 147· 9th Cir.· 1967-11-16 ·cited 35×
  The court held that the guarantors waived their right to assert defenses based on the SBA's delay in foreclosing or pursuing the debtor, as the guaranty contract granted the SBA broad discretion in dealing with the collateral and the loan.
• Brogan v. Ferguson
  131 So. 171· Fla.· 1930-11-26 ·cited 35×
  This case concerns whether a creditor (Brogan) can enforce a right of subrogation against a party (Quinn) who agreed to indemnify the debtor (Ferguson) for mortgage liabilities. The court ultimately reversed its prior decision, holding that Brogan could enforce Ferguson's indemni
• Westchester Fire Ins. Co. v. In-Sink-Erator
  252 So. 2d 856· Fla. 4th DCA· 1971-10-05 ·cited 34×
  The court held that genuine issues of material fact existed regarding the extent of performance and the interpretation of the settlement agreement, precluding summary judgment.
• Fischer Constr. Co. v. Fireman's Fund Ins. Co.
  420 F.2d 271· 10th Cir.· 1969-12-19 ·cited 34×
  The court held that the Fischers' liability under the indemnity agreement was established as a matter of law, and their evidence regarding completion costs was insufficient to support the jury's reduced award.
• Collins v. Nat'l Fire Ins. Co. OF Hartford
  105 So. 2d 190· Fla. 2d DCA· 1958-09-10 ·cited 34×
  A material supplier brought suit against members of a county school board and their sureties for failure to require a properly conditioned contractor's bond as required by Florida statute. The court affirmed the trial court's dismissal, holding that the bond, read in connection w
• United States v. Field
  193 F.2d 92· 2d Cir.· 1951-10-30 ·cited 33×
  The court held that the trustees of a bail fund, acting as sureties, could not invoke the Fifth Amendment privilege against self-incrimination to refuse to disclose information about the fund's donors or the whereabouts of fugitives, as their obligation as sureties superseded thi
• USX Corp. v. B.J. Tanenbaum, Jr.
  868 F.2d 1455· 5th Cir.· 1989-04-04 ·cited 32×
  The court held that the surety did not waive the benefit of division by binding himself jointly and severally with other guarantors, as the agreement did not expressly bind him in solido with the principal debtor.
• United States v. Miller
  539 F.2d 445· 5th Cir.· 1976-09-24 ·cited 32×
  A surety remains liable on an appearance bond during a reasonable postponement of sentence execution if the bond's terms so provide, and the pronouncement of sentence does not automatically exonerate the surety.
• United States Fid. & Guar. Co. v. Hendry Corp.
  391 F.2d 13· 5th Cir.· 1968-02-29 ·cited 32×
• Dekle v. Valrico Sandstone Co.
  74 Fla. 346· Fla.· 1917-11-19 ·cited 32×
  Sureties on a construction performance bond appealed dismissals of their equitable action seeking to avoid liability for labor and material supplier claims. The Florida Supreme Court held that laborers and materialmen cannot recover on a surety bond unless they have perfected sta
• Gibson v. Love
  4 Fla. 217· Fla.· 1851-01-01 ·cited 32×
  James Gibson, a surety on an executor's bond, obtained a mortgage on a slave named Henry from John C. Love to secure potential losses. Daniel Love later purchased Henry from Love but retained possession under a hire arrangement. When Gibson foreclosed on the mortgage, Love claime
• Fakouri v. Cadais
  147 F.2d 667· 5th Cir.· 1945-02-22 ·cited 31×
  The court held that a nuncupative testament by public act is void if it does not expressly state on its face that the will was dictated to the notary and written down by him in the presence of the witnesses, as required by Louisiana law.
• J. Schnarr & Co. v. Virginia-Carolina Chem. Corp.
  118 Fla. 258· Fla.· 1934-12-06 ·cited 31×
  Virginia-Carolina Chemical Corporation sued Schnarr & Company and C. M. Slaughter on a promissory note. The defendants asserted the note was an accommodation note executed without corporate authority. The trial court rendered judgment for the plaintiff, but the Florida Supreme Co
• Catharine Hart v. Stribling
  21 Fla. 136· Fla.· 1884-06-01 ·cited 30×
  This Florida Supreme Court case addresses the liability of guardian sureties on multiple bonds. The court reversed a default judgment against all defendants and held that sureties on secondary bonds cannot be held liable until the primary guardian bond is exhausted, and that the
• Gatx Aircraft Corp. v. M/V Courtney Leigh
  768 F.2d 711· 5th Cir.· 1985-08-19 ·cited 29×
  The court held that the guarantors were liable for the full amount of the guarantee, as the contract allowed the creditor to proceed against them without first pursuing the debtor or other guarantors, and Louisiana law permits such contractual modifications of in solido liability
• Lumbermens Mut. Cas. Co. v. Rhodes
  403 F.2d 2· 10th Cir.· 1968-10-22 ·cited 28×
  The court affirmed the trial court's rulings, finding no abuse of discretion in denying intervention, no error in dismissing a cross-complaint, and no reversible error in the trial of the judgment action against the surety.
• Chisholm v. House
  183 F.2d 698· 10th Cir.· 1950-07-26 ·cited 28×
  Limitations and laches do not bar claims against a surety when they are unavailable against the principal due to fraud or justifiable ignorance, and a release obtained without consideration from an ignorant beneficiary is not a defense.
• Inv. Serv. Co. v. Allied Equities Corp.
  519 F.2d 508· 9th Cir.· 1975-07-18 ·cited 27×
  The court held that a guarantor's objection to jury instructions was insufficient for appeal and that post-judgment interest could accrue at the contract rate specified in the note.
• ST. Paul Fire & Marine Ins. Co. v. United States for the Use of Dakota Elec. Supply Co.
  309 F.2d 22· 8th Cir.· 1962-10-18 ·cited 27×
  The court held that a supplier's knowledge of a subcontractor's financial distress and its close involvement in the subcontractor's operations, even without direct tracing of funds, can create an equitable duty to apply payments received from the general contractor to the specifi
• Fletcher Scott v. The Nat'l City Bank of Tampa
  Fla.· 1931-11-30 ·cited 27×
  Scott brought a conversion action against National City Bank of Tampa for selling 300 shares of stock without authorization. The bank admitted selling the stock but claimed it had authority under the promissory note and applied proceeds to Scott's debt, leaving a balance due. The
• 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.
• Cent. Soya Co., Inc. v. Epstein Fisheries, Inc.
  676 F.2d 939· 7th Cir.· 1982-04-27 ·cited 26×
  The court held that the value of a dismissed counterclaim, when exchanged for dismissal of the creditor's claim, is a factual question that can discharge a guarantor if it fully satisfies the underlying debt.
• In re Yale Express Sys., Inc. v. Nogg
  362 F.2d 111· 2d Cir.· 1966-05-31 ·cited 26×
  The court held that a surety is equitably entitled to set off the principal's claims against a creditor's claims, even in bankruptcy, provided it does not unduly interfere with reorganization objectives.
• In re N & D Props., Inc. v. N & D Props., Inc.
  799 F.2d 726· 11th Cir.· 1986-09-19 ·cited 25×
  The court held that a minority shareholder who became an insider and fiduciary must prove the fairness of her transactions with the debtor, and her claim should be equitably subordinated due to self-serving conduct. However, her loans will not be treated as capital contributions,
• Walter E. Heller & Co. v. O/S Sonny V.
  595 F.2d 968· 5th Cir.· 1979-05-16 ·cited 25×
  The court held that the offset for deficiency liability should be measured by the fair market value of the vessel, not just the foreclosure sale price, if a substantial disparity is shown. It also held that J.B. Vance was not individually liable for extension charges and affirmed
• Fluor Corp., Ltd. v. United States ex rel. Mosher Steel Co.
  405 F.2d 823· 9th Cir.· 1969-01-06 ·cited 25×
  The court held that Union and IMI-Ward had direct contractual obligations to pay Mosher, and that Mosher's claim was not barred by the Statute of Frauds or estoppel. The court reversed the denial of prejudgment interest.
• Bailey v. Inman
  105 Fla. 1· Fla.· 1932-04-15 ·cited 25×
  Bailey, Somers, and Estes, as original mortgagors who became sureties after conveying mortgaged property to Campbell, sought to enjoin an action on promissory notes secured by a mortgage. They claimed release from surety liability based on partial releases of mortgaged property a
• Balboa Ins. Co. v. W. G. Mills, Inc.
  403 So. 2d 1149· Fla. 2d DCA· 1981-09-25 ·cited 24×
  Balboa Insurance Company sought to compel arbitration of a construction dispute by filing a motion to dismiss based on an arbitration clause incorporated into the subcontract. The court held that Balboa did not waive its right to arbitration by raising the arbitration defense in
• Transamerica Ins. Co. v. RED TOP Metal, Inc.
  384 F.2d 752· 5th Cir.· 1967-10-18 ·cited 24×
  The court held that attorneys' fees are not recoverable under the Miller Act bond because Texas law, which would be incorporated to fill the statutory gap, does not allow such recovery against a surety on a payment bond.