Legal Opinion

American Surety Co. v. Kartowitz

Montana Supreme Court

Decided July 6, 1917No. 3,794PublishedCited by 6 opinions

Appeal from District Court, Hill County, in the Twelfth Judicial District; Charles L. Crum, Judge of the Fifteenth District, presiding. Action by tbe American Surety Company of ■ New York against Herman F. Kartowitz. From an order denying a motion to discharge an attachment, defendant appeals.

1Opinion of the CourtJustice Holloway

The original complaint in this action set forth that plaintiff became surety for defendant on a guardian’s bond required of him by the county court of Ward county, North Dakota; that, in consideration of it becoming such surety, defendant agreed to indemnify and save it harmless from all liability; that defendant failed in this behalf; that plaintiff was compelled to and did pay a judgment for $1,800 and costs and expenses, amounting to $177, recovered in an action brought against the guardian and this plaintiff; and that defendant has not repaid such amount, or any part thereof, though often…

2Cases cited6 opinions

  1. Hathaway v. DavisCalifornia Supreme Court · 1867
  2. Porter v. Plymouth Gold Mining Co.Montana Supreme Court · 1904
  3. Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
  4. Ben Kress Nursery Co. v. Oregon Nursery Co.Montana Supreme Court · 1912
  5. Duluth Brewing & Malting Co. v. AllenMontana Supreme Court · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Short v. KarnopMontana Supreme Court · 1929
  2. Finley v. PewWyoming Supreme Court · 1922
  3. Gillespie v. Great Northern Railway Co.Montana Supreme Court · 1922
  4. Jenkins v. First National BankMontana Supreme Court · 1925
  5. American Surety Co. v. KartowitzMontana Supreme Court · 1921

1 more not listed; retrieve them via the Exa API.

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