Legal Opinion

United States Fidelity & Guaranty Co. v. Westrumite Products Co.

Court of Appeals for the Second Circuit

Decided April 14, 1920No. 200Published

In Error to the District Court of the United States for the Southern District of New York. Replevin by the Westrumite Products Company against the United States Fidelity & Guaranty Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

MANTON, Circuit Judge.

The defendant in error sued in an action in replevin to recover from the plaintiff in error five bonds of the Baltimore &' Ohio Railroad Company. These bonds were deposited with the plaintiff in error as collateral security under an indemnity agreement given by the Dunken Realty Improvement Contracting & Construction Company, to protect it against losses in the execution of a bond on behalf of the contracting firm of Conness & Johnson. Defendant in error was the assignee of the indemnitor, the Dunken Company. The plaintiff in error gave its bond, an indemnity agreement,…

2Cases cited4 opinions

  1. Uniontown Bank v. MacKeySupreme Court of the United States · 1891
  2. Clark v. GerstleySupreme Court of the United States · 1907
  3. Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902
  4. Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902

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