Suretyship

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

• Allied Fid. Ins. Co., Inc. v. Green
  511 So. 2d 439· Fla. 1st DCA· 1987-08-18
  The court held that Florida Statute § 903.14, requiring an affidavit of security for bail bonds, does not apply to bonds posted in foreign jurisdictions, even if the collateral is located in Florida.
• Fed. Deposit Ins. Corp. v. M.F. Crouch
  816 F.2d 1110· 6th Cir.· 1987-04-22
  The court held that North Carolina suretyship law, specifically N.C. Gen. Stat. § 26-7, protects guarantors from personal judgments while foreclosure proceedings on collateral are pending.
• Pro-Specialties, Inc. v. Thomas Funding Corp.
  812 F.2d 797· 2d Cir.· 1987-02-26
  The court held that a guarantor cannot be liable unless the principal debtor is also liable, and that the district court's dismissal of the claim against the principal debtor was inconsistent with finding the guarantor liable, requiring remand.
• Abrams v. The United States
  797 F.2d 100· 2d Cir.· 1986-08-04
  The court held that summary judgment was improperly granted for the government because a genuine issue of material fact existed regarding whether the wife's payment to satisfy her husband's loan was a transfer for full and adequate consideration, not a gift.
• Marlow Invs., N.V. v. S.A.B.T.C. Townhouse Ass'n, Inc.
  493 So. 2d 14· Fla. 5th DCA· 1986-07-17
  Marlow Investments, the original developer of a condominium association, guaranteed a $216,000 loan and sought equitable relief in the form of a mandatory injunction to compel the association to exonerate it from liability by paying the loan. The appellate court affirmed the tria
• Burgoyne v. Frank B. Hall & Co. OF Haw., Inc.
  781 F.2d 1418· 9th Cir.· 1986-02-07
  The court held that 28 U.S.C. § 1332(c) does not apply to suits against sureties on supersedeas bonds, and that the common law bond doctrine was inapplicable as the plaintiffs had rejected the bond.
• Transamerica Ins. Co. v. City OF Kennewick
  785 F.2d 660· 9th Cir.· 1986-01-28
  A surety is released pro tanto if the obligee negligently harms the surety's security, but not if the obligee acts reasonably and in good faith despite a technical breach of contract.
• United States v. Mendoza-Acuna
  764 F.2d 699· 9th Cir.· 1985-06-27
  An agent can delegate ministerial acts, such as signing a document, to a subagent if the agent has already exercised their discretion in deciding to perform the act.
• Baker v. Malone Peddie and Bill Clark
  467 So. 2d 821· Fla. 1st DCA· 1985-04-25
  Baker appeals a judgment for Peddie and Clark on two promissory notes, arguing they acted as unlicensed real estate brokers. The court affirmed the judgment against Baker on the notes. The court reversed Peddie and Clark's cross-appeal regarding reimbursement for $60,000 they pai
• Rouse Constr., Inc. v. Transamerica Ins. Co.
  750 F.2d 1492· 11th Cir.· 1985-01-21
  A surety is not bound by a default judgment against its principal in another state if the surety was not a party or privy to that action, even if the other state's law would bind the surety.
• Matteson v. The Travelers Ins. Co.
  738 F.2d 619· 1st Cir.· 1984-07-19
  The court held that the workmen's compensation carrier is entitled to indemnity from the tortfeasor's payment to the extent of compensation paid, even if the employee has not been fully compensated by the settlement.
• 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.
• Cmty. Health OF S. Dade, Inc. v. Modena Hale
  395 So. 2d 1286· Fla. 3d DCA· 1981-04-01
  Community Health of South Dade, Inc. sought review of an order denying its motion to strike a supersedeas bond where the surety was Foremost Insurance Company, the same company that provided the defendant's malpractice liability coverage. The Florida District Court of Appeal held
• Colonial Am. Nat'l Bank v. Kosnoski
  617 F.2d 1025· 4th Cir.· 1980-02-11
  A guarantor is discharged from liability if the creditor fails to sue all other solvent resident parties to the contract after being properly notified.
• Realty Growth Invs. v. Gruman
  47 Fla. Supp. 203· Hillsborough Cty. Cir. Ct.· 1978-05-09
  Realty Growth Investors sought to enforce a Maryland judgment against the Grumans as guarantors of a corporate debt. The court held that the Maryland court had personal jurisdiction over the defendants based on minimum contacts and proper service of process, and therefore granted
• United States v. Fulton Distillery, Inc.
  571 F.2d 923· 5th Cir.· 1978-04-21
  The court held that the government's delay in placing a distiller on a cash prepayment basis did not discharge the surety's liability on a withdrawal bond.
• Trs. OF the Carpenters & Millwrights Health Benefit Tr. Fund v. Kipco, Inc.
  567 F.2d 951· 10th Cir.· 1977-12-23
  A surety is not liable for the default of a successor principal if the surety did not consent to the substitution or issue a new bond for the successor's agreement.
• The Bank OF NEW Jersey v. Brokers Fin. Corp. (Defendant in D.C.) & Nw. Nat'l Ins. Co. (Defendant & third-party
  557 F.2d 365· 3d Cir.· 1977-06-13
  The court held that the debtor's failure to pay interest and comply with a good faith demand for additional collateral constituted a default, justifying the bank's call on the principal and the surety's liability.
• 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
• PRO v. The Am. Druggists' Ins. Co.
  345 So. 2d 798· Fla. 4th DCA· 1977-04-15
  The appellate court held that the surety was not liable for the monetary awards in the underlying judgment because the supersedeas bond and the order authorizing it were inadequate and did not contractually obligate the surety to pay such awards.
• Farmers & Merchs. Bank of Stuttgart v. Harris
  559 F.2d 466· 8th Cir.· 1976-09-13
  A co-maker of a promissory note remains liable even if the note's terms are altered without their consent, provided the other party had no notice of dissolution and the co-maker had authority to bind the partnership.
• United Pac. Ins. Co. v. Cnty. OF Flathead
  499 F.2d 1235· 9th Cir.· 1974-05-24
  The court held that the engineer's final certificate of completion was binding on the parties, absent proof of fraud, bad faith, or mistake, and that subsequent agreements did not alter the obligation to pay the balance due under the contract.
• Bd. of Cnty. Supervisors of the Cnty. of Henrico v. Ins. Co. OF N. Am.
  494 F.2d 660· 4th Cir.· 1974-04-09
  A surety may be relieved of its obligation if the beneficiary's actions materially prejudice or alter the principal's agreed performance, but mere forbearance or a failure to secure permits, without more, does not release the surety, especially when the bond is penal in nature.
• United Am. Life Ins. Co. v. Perillo
  462 F.2d 254· 9th Cir.· 1972-06-06
  The court held that the Perillos, as co-makers of the promissory note, remained liable for the balance due after foreclosure, even though they did not sign the mortgage and subsequent agreements were made with the property's new owners.
• Avant v. Submersible RIG Peter Duncan #6 (Ruhr Drilling Corporation)
  447 F.2d 478· 5th Cir.· 1971-07-07
  The court held that the bonding company, having failed to retrieve a power of attorney form from its agent after revoking his authority, contributed more to the loss than the innocent seamen and must therefore be bound by the bond.
• Ins. Co. OF N. Am. v. Hoyt
  419 F.2d 1148· 7th Cir.· 1969-12-09
  The court held that Hoyt's indemnity obligation remained in effect because it was continuous and was not effectively cancelled before Corydon's default, despite Hoyt's sale of the company and communication with the surety's agent.
• United Bonding Ins. Co. v. Ashwood Constr. Co.
  414 F.2d 267· 6th Cir.· 1969-08-11
  The surety is liable under performance bonds and a takeover agreement for the contractor's obligations, including payment to subcontractors.
• 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.
• In re Quinco Corp. v. Bankruptcy
  389 F.2d 900· 6th Cir.· 1968-02-21
  When a purchaser of real estate assumes an indebtedness secured by a deed of trust, they become the principal debtor, and the previous guarantor becomes a surety, thus having no right to assert a claim against the bankrupt estate.
• Miller Brewing Co. v. Gregg
  389 F.2d 878· 6th Cir.· 1968-01-12
  The court held that the trial court erred by not submitting to the jury the question of whether the parties intended payments made after the guaranty date to be applied to current sales rather than the pre-existing debt.
• Mrs. R. L. Clark v. Great Am. Ins. Co. of N.Y.
  387 F.2d 710· 5th Cir.· 1967-12-19
  The surety is bound by the default judgment against the guardian for the amount of property the guardian failed to account for, but not necessarily the full judgment amount when the guardianship was void ab initio.
• 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.
• Gen. Ins. Co. OF Am. v. Schnell Livestock Mkt., Inc.
  353 F.2d 67· 8th Cir.· 1965-11-30
  The Court held that the Market Agency Bond did not cover the transaction because the livestock was purchased outright by Martin Livestock, not received for sale on a commission basis. Therefore, the surety was not liable under that bond.
• Moore v. First Nat'l Bank OF Abilene.
  345 F.2d 638· 5th Cir.· 1965-05-21
  The court held that the collateral agreement's broad language encompassed Estes's surety debts on the Dingier notes, and that Abilene Bank was not required to submit to the trustee's control over secured property disposition under Section 57h of the Bankruptcy Act.
• Tri-State Tire Serv., Inc. v. Gates Rubber Co. Sales Div., Inc.
  339 F.2d 573· 5th Cir.· 1964-12-17
  The court held that the trial court did not err in denying a jury trial, allowing interest on the open account, rendering judgment against the surety, or denying the cross-action for fraud.
• Zereb Corp., Inc. v. Levine
  24 Fla. Supp. 80· Dade Cty. Small Cl. Ct.· 1964-07-31
  A lessor sued a guarantor (Levine) for rent owed by a lessee (McLeod) who vacated early. The court dismissed the action without prejudice, holding that the guarantor's obligation was limited to the final two months of the lease term and had not yet accrued.
• Newton v. Am. Sur. Co. OF NEW York
  329 F.2d 299· 4th Cir.· 1964-03-05
  The court held that the defendant surety company was liable for the contractor's damages because the manufacturer of the cabinets was the real contractor, and the surety had the opportunity to verify specifications before issuing the bond. The court also affirmed the denial of ad
• Cent. Bank & Tr. Co. v. Tyler
  143 So. 2d 206· Fla. 3d DCA· 1962-06-26
  Central Bank appealed a summary judgment dismissing its action against guarantor Tyler for an additional $24,655. The court held that the bank's acceptance of Tyler's $20,060.72 payment on December 23, 1959, as full settlement of the guaranty obligation was final and released Tyl
• Hicks v. Gibbs Corp.
  20 Fla. Supp. 79· Duval Cty. Cir. Ct.· 1962-06-19
  In this mortgage foreclosure case, the Duval County Circuit Court entered a final decree of foreclosure against Gibbs Corporation and its principal shareholder George W. Gibbs, Jr., and subsequently confirmed the judicial sale and awarded a substantial deficiency judgment. The co
• White v. Brown
  292 F.2d 725· D.C. Cir.· 1961-04-20
  The dissenting judge would hold the appellant liable and affirm the district court's judgment, disagreeing with the majority's theories for releasing the retired partner.
• Hyman B. Finkelstein v. Keith Fabrics, Inc.
  278 F.2d 635· 5th Cir.· 1960-05-23
  The Bankruptcy Court has jurisdiction to award damages and fees even without a bond, and consent to summary jurisdiction is deemed if no objection is timely raised.
• Maule Indus., Inc. v. Cohen
  117 So. 2d 37· Fla. 3d DCA· 1960-01-11
  Maule Industries sued Jerome Cohen for an unpaid balance on a building materials contract. The trial court granted Cohen's directed verdict motion based on finding that Maule's release of Cohen's surety (Capital Indemnity) without Cohen's consent released Cohen from liability. Th
• Police Jury OF Plaquemines Parish & Nat'l Sur. Corp. v. United States
  272 F.2d 827· 5th Cir.· 1959-12-28
  The court held that the Police Jury and its surety were liable for the full amount of the bond, and the proceeding by motion was proper.
• Edward Corp. OF Miami v. David M. Woolin & SON, Inc.
  113 So. 2d 252· Fla. 3d DCA· 1959-06-25
  Edward Corporation sued David M. Woolin & Son, Inc. for payment under an order confirmation allegedly signed by Woolin's company. The trial court dismissed the complaint as a matter of law, finding the contract created a joint obligation between Woolin's company and the principal
• Fid. & Deposit Co. OF Md. v. Russell
  265 F.2d 350· D.C. Cir.· 1959-03-05
  The court held that the District Court possessed the statutory power to permit the substitution of one surety for another on a conservator's bond, even without specific statutory authority for such substitution.
• United States Fid. & Guar. Co. v. Honorable McKenney J. Davis
  97 So. 2d 715· Fla. 1st DCA· 1957-10-31
  This case concerns whether a county judge can revoke orders approving a guardian's final report and discharging the surety after more than five years. The appellate court affirmed the dismissal of a petition for certiorari, finding that the county judge's order was not yet final
• City OF Burlington v. Century Indem. Co.
  245 F.2d 188· 2d Cir.· 1957-06-06
  The court held that no contract was formed because the defendant's promise to execute a performance bond was conditional on the principal also executing the bond, which did not occur.
• Reed v. Md. Cas. Co.
  244 F.2d 857· 5th Cir.· 1957-04-22
• Dixie Plywood Co. v. Cont'l Cas. Co.
  10 Fla. Supp. 155· Highlands Cty. Cir. Ct.· 1957-03-22
  Dixie Plywood Co. sued surety companies on school board members' official bonds, claiming the board failed to require the contractor to provide a proper payment bond as mandated by Florida statute. The court dismissed the case, holding that because the board made a good-faith att
• Eistrat v. Mass. Bonding & Ins. Co.
  224 F.2d 784· 9th Cir.· 1955-08-01
  The Court held that the surety bond's liability was limited to the period specified in the bond, not the entire duration of the restraining order.