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219 F.2d 544·
5th Cir.·
1955-02-18
A collateral receipt for a savings bank deposit pledged as security for a surety bond covers any and all other indebtedness of the depositor to the surety, even if incurred after the initial bond.
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63 So. 2d 639·
Fla.·
1953-03-13
A Florida mayor who temporarily released a prisoner to feed zoo animals was sued for false arrest and imprisonment when he re-arrested the prisoner for failing to return at the agreed time. The Florida Supreme Court affirmed the trial court's directed verdict for the defendant, h
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199 F.2d 70·
4th Cir.·
1952-09-17
The court held that a debenture bond pledged as collateral secures the debtor's obligations, not merely a personal guaranty of those obligations, and that claims for subsequent interest and expenses are not barred by prior judgments or claim allowances.
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152 F.2d 678·
D.C. Cir.·
1945-12-24
The court held that the sureties were liable for losses caused by the principal's failure to complete construction and discharge liens within the bond periods, and that the trial court properly instructed the jury on damages and rejected certain defenses.
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146 F.2d 807·
3d Cir.·
1945-01-12
The court held that the surety is not liable to the subcontractor because the subcontractor's release deprived the owner of security, and the surety cannot be made to pay for the subcontractor's mistake.
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143 F.2d 471·
7th Cir.·
1944-05-20
A surety paying a judgment against a defaulting treasurer is not subrogated to the rights of creditors whose claims were paid with funds that were themselves derived from a wrongful diversion of bond proceeds.
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126 F.2d 555·
10th Cir.·
1942-03-03
The surety on a guardian's second bond is liable for losses occurring prior to the bond's execution, even if the guardian was surcharged in a proceeding where the surety was not formally a party.
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122 F.2d 173·
10th Cir.·
1941-07-19
The court held that the petition failed to state a cause of action because Oklahoma law permits a county court to reopen a guardian's accounts and vacate a prior order releasing a surety, even after the surety's discharge.
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118 F.2d 604·
6th Cir.·
1941-03-14
The court held that the District did not breach its obligations by making final payment to the contractor, as the contract provisions were permissive and the surety failed to perfect any statutory lien rights.
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144 Fla. 205·
Fla.·
1940-09-06
McConnon & Company sued three defendants on a guaranty bond for an unpaid debt. The trial court directed a verdict in favor of the two surety defendants (McCullough and Carter), finding insufficient evidence they signed the bond. The Florida Supreme Court reversed, holding that p
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130 Fla. 347·
Fla.·
1937-12-09
This case concerns whether a widow can claim failure of consideration for a promissory note she signed to secure funds to pay her deceased husband's debt, when she voluntarily took out a new loan for this purpose. The court found that she could not, as the new loan constituted a
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104 Fla. 225·
Fla.·
1932-02-11
Howard Carroll sued A. R. Oranie by attachment and obtained a judgment against him. When Carroll attempted to enforce the judgment against C. H. Ruggles, who appeared as a surety on the forthcoming bond, Ruggles challenged the suit by filing an affidavit claiming he never signed
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65 Fla. 502·
Fla.·
1913-06-03
James B. Hodges sought to enforce a mortgage executed by J. S. Taylor in 1904 to secure an alleged one-thousand-dollar debt. The Florida Supreme Court reversed, holding that Hodges failed to prove any actual indebtedness and that the mortgage's true purpose was to protect the mor
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29 Fla. 655·
Fla.·
1892-01-01
Cohen appealed a judgment in assumpsit for five promissory notes endorsed to the bank. The Florida Supreme Court reversed because the trial court erred in refusing to allow the defendant to show that payments made by the assignee of the maker's estate should have been credited pr
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9 Fla. 256·
Fla.·
1860-01-01
Beneficiaries of a deceased's estate sued the sureties on an administrator's bond seeking recovery of estate property that the administrator misappropriated. The Florida Supreme Court reversed the lower court's dismissal, holding that the sureties remain liable on the bond despit
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4 Fla. 87·
Fla.·
1851-01-01
Allen held bills of exchange accepted by Lloyd & Flagg but failed to give notice of non-payment to the drawers (Galphin and Footman), thereby discharging them as sureties. When Lloyd & Flagg failed and assigned their assets to Holbrook and Archer, Allen sued for money paid by Gal