Dobie v. Fidelity & Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vlnje, Circuit Judge. One Knute Anderson obtained a judgment against M. C. Burke and John Burke. Tbe action was for personal injuries. Tbe Fidelity & Casualty Company was an insurer of tbe Burkes against sucb claims, and was defending tbe action.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. Vlnje, Circuit Judge. One Knute Anderson obtained a judgment against M. C. Burke and John Burke. Tbe action was for personal injuries. Tbe Fidelity & Casualty Company was an insurer of tbe Burkes against sucb claims, and was defending tbe action. It procured Dobie and Tennis to become sureties on •the appeal, and gave them its own bond in the sum of $7,-000 to indemnify them, conditioned to “ answer for all damages, interest, and costs, if any, that shall be adjudged” against the defendant, and “ to save said Tennis and…
1Opinion of the CourtNewMAN, J.
The question presented is whether the complaint states a cause of action. The action is by a surety to compel his principal to pay the debt for which both are liable, for the exoneration of the surety. It is ultimately the defendant’s liability. That party is the principal debtor, who is ultimately liable for the debt. The question is whether a surety can, in equity, compel his principal to exonerate him from liability, by extinguishing the obligation, without having first paid it himself. It seems to be well settled that a surety against whom a judgment has been rendered may, without making…
2Cases cited2 opinions
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Gibbs v. MennardNew York Court of Chancery · 1837
3Cited by14 opinions
- Warren Webster & Co. v. Beaumont Hotel Co.Wisconsin Supreme Court · 1912
- Fidelity & Deposit Co. of Maryland v. ShaidWest Virginia Supreme Court · 1927
- Level Land Co. No. 3 v. SivyerWisconsin Supreme Court · 1901
- C. H. Little Co. v. L. P. Hazen Co.Michigan Supreme Court · 1915
- L.A. Rock & Gravel Co. v. Coast Constr. Co.California Supreme Court · 1921
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