Legal Opinion · Dissent

Central Banking & Security Co. v. United States Fidelity & Guaranty Co.

West Virginia Supreme Court

Decided November 11, 1913Published

Appeal from Circuit Court, Wood County. Suit by the Central Banking & Security Company against the United States Fidelity & Guaranty Company and others. From decree for defendants, plaintiff appeals.

1DissentWilliams, Judge

I think the decree in Taylor v. Taylor, sustaining the demurrers of the United States Fidelity and Guaranty Company and the Citizens Trust and Guaranty Company, and dismissing the hill as to them, is an adjudication against the Central Banking and Trust Company of any right to contribution. The principal and all the sureties were there sued, and a decree rendered holding the principal and- one surety only liable, and releasing the other two. What is the effect of that final and unreversed decree? In the absence of fraud, or collusion between the obligee and the discharged sureties, is it not…

2Cases cited10 opinions

  1. State v. NutterWest Virginia Supreme Court · 1898
  2. Turner v. StewartWest Virginia Supreme Court · 1902
  3. Fletcher v. JacksonSupreme Court of Vermont · 1851
  4. Crim v. EnglandWest Virginia Supreme Court · 1899
  5. Love v. GibsonSupreme Court of Florida · 1849

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