National Surety Co. v. McCormick
Court of Appeals for the Seventh Circuit
In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by J. A. McCormick, individually and as assignee, against the National Surety Company. Judgment for plaintiff, and defendant brings error.
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In Error to the District Court of the United States for the Eastern Division of the Northern District of Illinois. Action by J. A. McCormick, individually and as assignee, against the National Surety Company. Judgment for plaintiff, and defendant brings error. Plaintiff in error is a corporate surety company, and as such, under date of June 2, 1914, it executed as surety, with the La Salle Street Trust & Savings Bank as principal, a surety bond to defendant in error as obligee, in penal sum of $25,000, conditioned as follows: “The condition of the foregoing obligation is such that whereas,…
1Opinion of the CourtAlschuler, Circuit Judge
(after stating the facts as above). Plaintiff in error contends that in any event McCormick has no right of recovery; that the bond describes him as “treasurer,”- and that as treasurer only can he recover, but not in his individual capacity; that the Sanitary District itself had no interest in the bond, and was not protected by it; and that its assignment to McCormick conveys him nothing.
The Sanitary District is a public corporation, and the statute of Illinois which is its source of existence and power provides that its board of trustees shall elect a treasurer, who shall hold office during…
2Cases cited7 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Liverpool & London & Globe Insurance v. KearneySupreme Court of the United States · 1901
- Commercial Travelers' Mut. Acc. Ass'n v. FultonCourt of Appeals for the Second Circuit · 1897
- McCormick v. HopkinsIllinois Supreme Court · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Reserve Ins. Co. v. General Ins. Co. of AmericaAppellate Court of Illinois · 1979
- Clarksburg Trust Co. v. Commercial Casualty Ins. Co.Court of Appeals for the Fourth Circuit · 1930
- County of Will v. Woodhill Enterprises, Inc.Appellate Court of Illinois · 1971
- Griffin Wellpoint Corp. v. Engelhardt, Inc.Appellate Court of Illinois · 1980
- New York Indemnity Co. v. HurstCourt of Appeals of Kentucky (pre-1976) · 1933
12 more not listed; retrieve them via the Exa API.