Suretyship

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

• The President & Directors OF Georgetown Coll. v. Madden
  660 F.2d 91· 4th Cir.· 1981-09-11 ·cited 10×
  The court held that the District of Columbia's ten-year statute of limitations for improvements to real property barred tort claims against design and construction professionals, and that a construction contract was not under seal, thus not subject to a longer limitations period.
• The Nat'l Collection Agency, Inc. v. Trahan
  624 F.2d 906· 9th Cir.· 1980-07-30 ·cited 10×
  A debt owed to a surety that paid a bankrupt's tax obligation is dischargeable in bankruptcy, as extending the non-dischargeability exception would conflict with federal bankruptcy policy.
• United States v. Martinez
  613 F.2d 473· 3d Cir.· 1980-01-14 ·cited 10×
  A bail bond remains in effect during a direct appeal of a conviction, and a clerk's mistaken cancellation of the bond can be corrected by the court, especially when the surety has not relied on the cancellation.
• United States v. Heniz Jurgen Hesse
  576 F.2d 1110· 5th Cir.· 1978-07-20 ·cited 10×
  The court held that the surety's obligation under the appearance bond extended to the subsequent indictments, as they arose from the same transactions and did not increase the risk, and affirmed the district court's order of bond forfeiture.
• Fireman's Fund Ins. Co. v. Joseph J. Biafore, Inc.
  526 F.2d 170· 3d Cir.· 1975-11-24 ·cited 10×
  The court held that the indemnity agreement was unconditional, and the plaintiff's failure to perfect its security interest did not relieve the defendants of their obligations. The court also found the initial summary judgment order was not final, making the subsequent order appe
• Westinghouse Elec. Supply Co. v. Midway Shopping Mall, Inc.
  277 So. 2d 809· Fla. 3d DCA· 1973-05-08 ·cited 10×
  The court held that genuine issues of material fact existed regarding owner prejudice from late notice and improper payments, precluding summary judgment.
• J. D. Hedin Constr. Co., Inc. v. The United States
  456 F.2d 1315· Ct. Cl.· 1972-03-17 ·cited 10×
  The court held that the wrongful termination of the construction contract constituted a breach, entitling the plaintiff to recover damages, including excess completion costs.
• Ferguson v. Five Points Nat'l Bank OF Miami
  187 So. 2d 45· Fla. 3d DCA· 1966-05-24 ·cited 10×
  A national bank cannot lend its credit to purchase commercial paper in which it has no beneficial interest, as such an agreement constitutes an unauthorized guarantee.
• 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.
• R. J. Saunders & Co., Inc. v. Vincent
  309 F.2d 65· 2d Cir.· 1962-10-25 ·cited 10×
  The court held that the customs broker, as the principal obligor on the customs bond, was discharging its own debt when paying additional duties, and therefore was not subrogated to the government's priority status in bankruptcy.
• Commercial Credit Corp. v. Sorgel
  274 F.2d 449· 5th Cir.· 1960-01-18 ·cited 10×
  The court held that the jury's findings regarding fraud and the treatment of assigned accounts as payment were not supported by sufficient evidence, and that certain ledger entries must be given effect.
• In re Magnus Harmonica Corp.
  237 F.2d 867· 3d Cir.· 1956-10-31 ·cited 10×
  An injunction against a state court suit against guarantors is not necessary to protect the bankruptcy court's jurisdiction.
• United States v. Phoenix Indem. Co. & The Century Indem. Co.
  231 F.2d 573· 4th Cir.· 1956-04-09 ·cited 10×
  The sureties are liable for all taxes assessed against the contractor, including withholding taxes, because the performance bond explicitly covered the contractor's obligation to pay all taxes legally collectible because of the work.
• T & B Scottdale Contractors, Inc. v. United States
  815 F.2d 1425· 11th Cir.· 1987-05-04 ·cited 9×
  The court held that the appealability of the district court's order granting summary judgment to the bankruptcy trustee was uncertain because the district court failed to clarify whether T & B Scottdale could pursue its equitable claims in bankruptcy court.
• Fid. & Deposit Co. OF Md. v. Smith
  730 F.2d 1026· 5th Cir.· 1984-04-30 ·cited 9×
  The court held that an insurer suing on an insured's rights is subject to the same prescriptive periods as the insured, and that a quasi-contract requires a lawful act, necessitating a factual determination on remand. The court affirmed the dismissal of a defamation claim as pres
• W. World Ins. Co., Inc. v. The Travelers Indem. Co.
  358 So. 2d 602· Fla. 1st DCA· 1978-05-16 ·cited 9×
  The court held that an attorney must apply separately for fees for services performed before each adjudicative body.
• Gehrig v. RAY
  332 So. 2d 703· Fla. 1st DCA· 1976-06-07 ·cited 9×
  In this appeal from summary judgment on a promissory note, the court reversed, holding that the defendants' allegations of being accommodation makers and the accommodated party relationship raise genuine issues of material fact that preclude summary judgment, even though oral evi
• Omaha Pub. Power Dist. v. The Emp'rs' Fire Ins. Co.
  327 F.2d 912· 8th Cir.· 1964-02-19 ·cited 9×
  The court held that the contract was not effective until the required insurance was in full force and effect, and since this condition precedent to performance was not met, the surety was not liable.
• Ferguson v. Brogan
  111 Fla. 224· Fla.· 1933-06-28 ·cited 9×
  The Florida Supreme Court affirmed a decree in a complex mortgage foreclosure case involving a second mortgagee's right to enforce indemnity agreements from subsequent grantees to discharge a first mortgage. This was the sixth appeal of a long-running controversy and established
• Willey v. M.K. Roark, Inc.
  616 So. 2d 1140· Fla. 4th DCA· 1993-04-14 ·cited 8×
  The court held that the trial court erred in denying attorney's fees to the plaintiff under sections 627.428 and 627.756, Florida Statutes, and affirmed the taxation of deposition costs against the defendant.
• Abish v. Nw. Nat'l Ins. Co. of Milwaukee
  924 F.2d 448· 2d Cir.· 1991-01-23 ·cited 8×
  The court held that it lacked appellate jurisdiction over the district court's order denying the surety's motion for quia timet and exoneration relief, as the order was neither a final decision nor an appealable interlocutory injunction.
• Prigal v. Kearn
  557 So. 2d 647· Fla. 4th DCA· 1990-02-28 ·cited 8×
  The original seller/lender accepted a deed in lieu of foreclosure from a subsequent purchaser, which operated as a release of the original buyer/borrower from liability on the promissory note.
• United States v. O'Brien
  895 F.2d 810· 1st Cir.· 1990-02-05 ·cited 8×
  The court held that appellate courts should independently review pretrial detention orders, giving deference to the district court's determination, and affirmed the release of the defendant.
• R.I. Hosp. Tr. Nat'l Bank v. The Ohio Cas. Ins. Co.
  789 F.2d 74· 1st Cir.· 1986-04-25 ·cited 8×
  A surety is entitled to assert its principal's defenses, including a prior judgment in favor of the principal, against a creditor or its assignee.
• Cost Bros., Inc. v. The Travelers Indem. Co.
  760 F.2d 58· 3d Cir.· 1985-04-26 ·cited 8×
  The court held that a surety's right to a stay pending arbitration is governed by state surety law, not federal law, even when the underlying contract involves interstate commerce.
• Painters Local Union # 171 Int'l Bhd. OF Painters & Allied Trades, AFL-CIO v. Williams & Kelly, Inc.
  605 F.2d 535· 10th Cir.· 1979-09-07 ·cited 8×
  The court held that the arbitrator did not abuse discretion in denying a continuance, but that attorney fees were improperly awarded and the surety's liability was limited to the original bond amount for pre-rider defaults.
• Thermo AIR Contractors, Inc. v. The Travelers Indem. Co.
  277 So. 2d 47· Fla. 3d DCA· 1973-05-01 ·cited 8×
  The court held that an amendment correcting a misnomer in the plaintiff's name relates back to the original filing date for statute of limitations purposes, and that summary judgment was improperly granted for the surety.
• LEO Spear Constr. Co., Inc. v. The Fid. & Cas. Co. OF NEW York & BrookfieldBaylor
  446 F.2d 439· 2d Cir.· 1971-07-01 ·cited 8×
  The dissenting judge believes the appellate court should not have reversed the district court's judgment for tortious interference with business relations, as the findings were supported by substantial evidence.
• Fireman's Fund Ins. Co. v. S. E. K. Constr. Co., Inc.
  436 F.2d 1345· 10th Cir.· 1971-01-12 ·cited 8×
  The court held that a surety cannot maintain an equitable action quia timet to prevent a bank from disposing of contract proceeds when the contractor was not in default, and that attorneys' fees are not recoverable under federal law for a wrongfully issued injunction bond in a di
• Travelers Indem. Co. v. Evans Pipe Co. & Evanite Plastic Co.
  432 F.2d 211· 6th Cir.· 1970-10-19 ·cited 8×
  A surety who pays a judgment against its principal for defective materials can recover from the supplier of those materials, even if the supplier was not a party to the original suit, provided the supplier was properly vouched in.
• Tucson House Constr. Co. & Robert E. McKee Gen. Contractor, Inc. v. Walter E. Fulford in Bankr. of Fike Plumbing & Heating Co., Inc.
  378 F.2d 734· 9th Cir.· 1967-05-11 ·cited 8×
  The court held that a general contractor's voluntary post-bankruptcy payment of a bankrupt subcontractor's suppliers, to enable a set-off against its own debt to the subcontractor, is a prohibited set-off under § 68b(2) of the Bankruptcy Act.
• Cont'l Cas. Co. v. United States
  337 F.2d 602· 1st Cir.· 1964-10-27 ·cited 8×
  The court held that the surety is bound by the knowledge of its agent, Nathan Baker, regarding the defendant's permission to leave the country, even though another agent executed the bond.
• Am. Cas. Co. OF Reading v. Idaho First Nat'l Bank
  328 F.2d 138· 9th Cir.· 1964-02-12 ·cited 8×
  The court held that the surety's actions in prioritizing collateral for a different project and dissipating equipment prejudiced the indemnitor, entitling the indemnitor to a credit against his liability.
• Lumbermen's Mut. Ins. Co. v. Mass. Bonding & Ins. Co.
  310 F.2d 627· 4th Cir.· 1962-11-08 ·cited 8×
  The court held that an appeal referencing an interlocutory order is timely if the intent to appeal the final judgment is clear and the appellee is not misled. It also held that Federal Rules of Civil Procedure permit contingent orders for subrogation claims even before the substa
• Gilmore v. Royal Indem. Co.
  240 F.2d 101· 5th Cir.· 1956-12-21 ·cited 8×
  The court held that a genuine issue of material fact existed regarding the surety's apparent authority, precluding summary judgment.
• Feiner's Org., Inc. v. Caffina
  77 So. 2d 852· Fla.· 1955-02-11 ·cited 8×
  A real estate broker sued a seller and others for an unpaid brokerage commission after releasing the purchasers from liability. The Florida Supreme Court reversed the dismissal of the case against the seller, holding that a release of purchasers who were guarantors (not primary o
• United States v. Md. CAS. Co.
  204 F.2d 912· 5th Cir.· 1953-05-29 ·cited 8×
  The court held that prior judgments against principals are not admissible as evidence against sureties under Alabama law, and even if admitted, were insufficient to prove the sureties' liability.
• Dabney v. Chase Nat. Bank of City of N.Y.
  201 F.2d 635· 2d Cir.· 1953-01-08 ·cited 8×
  The dissenting judge believes the principle of Moore v. Bay is controlling and requires refund of the payment made in breach of fiduciary obligation, with interest.
• People OF State OF Ill. v. Md. Cas. Co.
  132 F.2d 850· 7th Cir.· 1942-12-09 ·cited 8×
  State officers are not liable for failing to furnish safe drinking water because their duty was public, not individual, and the third-party defendants' actions destroyed diversity jurisdiction.
• United States v. Coast Wineries, Inc.
  131 F.2d 643· 9th Cir.· 1942-11-07 ·cited 8×
  A bankruptcy court's disallowance of a tax claim, after a hearing on the merits and based on an agreement of compromise, is res judicata and bars a subsequent suit on the same claim against the surety on the taxpayer's bonds.
• City of Orlando v. Gooding
  34 Fla. 244· Fla.· 1894-06-01 ·cited 8×
  The City of Orlando sued on a performance bond executed by Charles T. Gooding as clerk and treasurer, with three sureties. The central issue was whether a material alteration (the interlineation of "jointly and severally") made after execution but before delivery, without the sur
• Knecht, Inc. v. United Pac. Ins. Co.
  860 F.2d 74· 3d Cir.· 1988-10-24 ·cited 7×
  The court held that the district court erred in awarding attorneys' fees and that the majority's conclusion on United's liability under the bond was incorrect.
• Fed. Deposit Ins. Corp. v. Consol. Mortg. & Fin. Corp.
  805 F.2d 14· 1st Cir.· 1986-11-10 ·cited 7×
  The court held that the three-year statute of limitations applies to commercial loans and that Consolidated's acknowledgments of debt prevented the statute from barring the FDIC's claims. However, Suro's liability as a guarantor requires further factual development.
• The Bank OF NEW Jersey v. Heine
  464 F.2d 1161· 3d Cir.· 1972-07-20 ·cited 7×
  A creditor bank does not have a common law duty to preserve collateral for the benefit of a guarantor under New Jersey law, absent specific provisions in the guarantee agreement.
• Tudor Dev. Grp., Inc. v. United States Fid. & Guar. Co.
  968 F.2d 357· 3d Cir.· 1992-06-22 ·cited 6×
  The dissent argues that an issuer of a standby letter of credit may qualify for equitable subrogation in proper circumstances, and that the equities in this case warrant further factual determination.
• Leila Hosp. & Health Ctr. v. Xonics Med. Sys., Inc.
  948 F.2d 271· 6th Cir.· 1991-11-04 ·cited 6×
  The court held that Elscint was not liable under novation or promissory estoppel theories, and that NSC's arguments for summary judgment were without merit, affirming the trial court's decisions.
• In re United Scis. OF Am., Inc. v. First City Bank OF Dallas
  893 F.2d 720· 5th Cir.· 1990-02-06 ·cited 6×
  A bank may set off charge-backs against a merchant depositor's account under 11 U.S.C. § 553(a) when the debts are mutual and arose before bankruptcy, even if the charge-back is asserted post-petition.
• Am. Motorists Ins. Co. v. United Furnace Co., Inc.
  876 F.2d 293· 2d Cir.· 1989-05-31 ·cited 6×
  The court held that AMICO's claim for collateral security under the indemnity agreement was ripe for review, reversing the district court's dismissal.
• Chrysler Credit Corp. v. Perry Chrysler Plymouth, Inc.
  783 F.2d 480· 5th Cir.· 1986-02-18 ·cited 6×
  The court held that Julian Perry is personally liable for funds he tortiously converted to his own use, and this debt is not dischargeable in bankruptcy as it constitutes willful and malicious injury. However, his liability as a corporate officer for the corporation's conversion
• Williams v. State
  431 So. 2d 308· Fla. 1st DCA· 1983-05-17 ·cited 6×
  Sureties on an appearance bond for criminal defendant Barry Barnes challenged a trial court order declaring their bonds forfeited after Barnes failed to appear. The appellate court dismissed the appeal on procedural grounds, finding the trial court's order was not yet final.