Hays v. Fidelity & Deposit Co. of Maryland
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This action was begun by Thomas H. Hays, a citizen of Kentucky, in the civil district court for the parish of Orleans.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. This action was begun by Thomas H. Hays, a citizen of Kentucky, in the civil district court for the parish of Orleans. The petition contained the following statement of the cause of action: “That the Farmers’ & Drovers’ Bank, a banking corporation doing business in the city of Louisville, state of Kentucky, and the Fidelity & Deposit Company of Maryland, a corpora-ción incorporated under the laws of the state of Maryland, and doing busi-i ness as the Fidelity & Guarantee Company in the state of…
1Opinion of the CourtShelby, Circuit Judge
This is an action on two injunction bonds made by the same obligors in the same cause. The sole question to be decided is whether or not the petition shows a legal cause of action against the defendant. It appears from the petition that a suit in which James Martin was plaintiff and Thomas H. Hays (the petitioner in this action) was defendant had resulted in a judgment for Martin and against Hays. Execution issued, and was levied on certain shares of stock, the property of Hays. The Farmers' Sc Drovers' Bank, the principal on the injunction bonds, filed a petition of intervention in the case…
2Cases cited3 opinions
- Macready v. SchenckSupreme Court of Louisiana · 1889
- Sears v. BearshSupreme Court of Louisiana · 1852
- Vicksburg, Shreveport & Texas Railroad v. BarksdaleSupreme Court of Louisiana · 1860
3Cited by1 opinion
- Green Bat & M. Canal Co. v. NorrieU.S. Circuit Court for the District of Southern New York · 1902