Legal Opinion

Dawson v. Fidelity and Deposit Company of Maryland

District Court, D. South Dakota

Decided January 11, 1961No. Civ. 1110PublishedCited by 6 opinions

1Opinion of the Court

BECK, District Judge.

Defendant, Fidelity and Deposit Company of Maryland, a corporation, on a separate trial 1 of the issues raised by its second defense, 2 the amendment 3 thereto, the plaintiff’s reply 4 and the record, made in connection therewith, is; on this trial seeking a dismissal of the- plaintiff's suit to collect the $50,000 specified in the defendant’s “Insurance Companies Blanket Bond.” 5

The request for such dismissal is predicated on the theory that the plaintiff’s settlement of a principal’s obliga tion on said bond and the obligation of others, had operated to discharge the…

2Cases cited47 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Scudder v. Union National BankSupreme Court of the United States · 1875
  3. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  4. St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
  5. Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884

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3Cited by6 opinions

  1. American Service Mutual Insurance Company v. Joe Bottum, IiiCourt of Appeals for the Eighth Circuit · 1967
  2. Resolution Trust Corporation, Successor to Claims of First Federal Bank, F.S.B. v. Hartford Accident & Indemnity Co.Court of Appeals for the First Circuit · 1994
  3. American Service Mutual Insurance v. BottumCourt of Appeals for the Eighth Circuit · 1967
  4. First Federal Bank, F.S.B. v. Hartford Accident & Indemnity Co.District Court, D. South Dakota · 1991
  5. Morkirk, Inc. v. Walter E. Heller & Co.District Court, D. South Dakota · 1967

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