Warren Deposit Bank v. Fidelity & Deposit Co.
Court of Appeals of Kentucky
Case 5 — -Action by Warren Deposit Bank against Luther R. • Porter and The Fidelity & Deposit Co., of Maryland, on a Bond Given by Said Defendants as Principal and Surety.— APPEAL FROM WARREN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. •POINTS AND AUTHORITIES. 1. "rihe principles applicable to private suretyship foto friendship or accommodation do not apply to' the contract of guaranty suretyship. Sup. Council Oath.
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Case 5 — -Action by Warren Deposit Bank against Luther R. • Porter and The Fidelity & Deposit Co., of Maryland, on a Bond Given by Said Defendants as Principal and Surety.— APPEAL FROM WARREN CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. •POINTS AND AUTHORITIES. 1. "rihe principles applicable to private suretyship foto friendship or accommodation do not apply to' the contract of guaranty suretyship. Sup. Council Oath. K. oif A. v. Fidelity & C. Co., 63 Fed. 58; Guaranty .Co. v. M. S'. Bank & Trust Co., 80 Fed. 773. 2. The contract of guaranty suretyship is an insurance contract…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
This action was brought in the .Warren circuit court by the Warren Deposit Bank against Luther R. Porter and the appellee, the Fidelity & Deposit Company of Maryland, -upon a bond given .to the bank by Luther R. Porter as principal and the surety company as hi-s surety, conditioned that the surety company should, within three months after the receipt of satisfactory proof, rmmburse the bank to an .amount no,t exceeding $20,000 for such pecuniary loss -of money, securities, or .other personal property belonging to the bank, as the bank might sustain…
2Cases cited7 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Guarantee Co. of North America v. Mechanics' Savings Bank & Trust Co.Supreme Court of the United States · 1902
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- Germania Insurance v. RudwigCourt of Appeals of Kentucky · 1882
- American Credit Indemnity Co. v. WoodCourt of Appeals for the Second Circuit · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. National Life InsuranceSupreme Court of Minnesota · 1913
- American Bonding & Trust Co. v. BurkeSupreme Court of Colorado · 1906
- McIntosh v. Dakota Trust Co.North Dakota Supreme Court · 1925
- Glidden v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1908
- Kentucky Live Stock Insurance v. McWilliamsCourt of Appeals of Kentucky · 1917
6 more not listed; retrieve them via the Exa API.