Legal Opinion
Fidelity & Casualty Co. v. Livingston
Michigan Supreme Court
Decided April 14, 1926No. Docket No. 72PublishedCited by 6 opinions
1Opinion of the Court
I am unable to concur in the opinion of Mr. Justice McDONALD in this case. I am satisfied that the principle laid down and the authorities considered and cited in Board of County RoadCom'rs of Calhoun Co. v. Surety Co., 216 Mich. 528, settles the law in this State in accordance with the overwhelming weight of authority that the rights of the surety on bonds of the character here involved are superior to the rights of the assignee of the contractor who holds assignment of the amount due him or claimed to be due him. I think the infirmity in my Brother's opinion is in his assumption that the…
2Cases cited12 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Hardaway v. National Surety Co.Supreme Court of the United States · 1909
- First Nat. Bank of Seattle v. City Trust, Safe Deposit & Surety Co.Court of Appeals for the Ninth Circuit · 1902
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lake States Engineering Corp. v. Lawrence Seaway Corp.Michigan Court of Appeals · 1969
- City of Detroit v. Fidelity & Deposit Co.Michigan Supreme Court · 1927
- County of San Diego v. CroghanCalifornia Court of Appeal · 1934
- State Bank of Wheatland v. TurpenWyoming Supreme Court · 1934
- Park v. Brunswick-Balke-Collender Co.Michigan Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.