Southwestern Surety Ins. v. Wells
District Court, E.D. Pennsylvania
In Equity. Suit by the Southwestern Surety Insurance Company against Mark P. Wells and others. On application for preliminary injunction.
1Opinion of the Court
DICKINSON, District Judge.
The plaintiff and the city of Philadelphia, one of the defendants, respectively invoke and stand upon these two propositions. One is based upon the equitable doctrine of exoneration. The other is founded in a principle of governmental policy.
[1] The doctrine is that when the obligation of a surety to, pay has become absolute the principal may be required to pay in relief of the surety. The basis of this is obvious. If the surety paid, his right, legal and equitable, to be reimbursed, is clear. Equity abhors mere formalities and works of supererogation, as nature…
2Cases cited7 opinions
- Ardesco Oil Co. v. North American Oil & Mining Co.Supreme Court of Pennsylvania · 1870
- Goodrich & Hick's AppealSupreme Court of Pennsylvania · 1885
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- City of Erie v. KnappSupreme Court of Pennsylvania · 1857
- McAbee v. CribbsSupreme Court of Pennsylvania · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kelleam v. Maryland Casualty Co. of BaltimoreSupreme Court of the United States · 1941
- Admiral Oriental Line v. United StatesCourt of Appeals for the Second Circuit · 1936
- Kelleam v. Maryland Casualty Co. of BaltimoreCourt of Appeals for the Tenth Circuit · 1940
- Morley Const. Co. v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1937
- Board of County Road Commissioners v. Southern Surety Co.Michigan Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.