Legal Opinion
California Sav. Bank v. American Surety Co.
U.S. Circuit Court for the District of Southern California
Decided April 18, 1898No. 706PublishedCited by 13 opinions
This was an action by the California Savings Bank of San Diego against the American Surety Company of New York upon a bond of indemnity insurance. The case was heard on a demurrer to the amended complaint.
1Opinion of the Court
WELLBORN, District Judge.
A demurrer to the complaint in this action was sustained October 18, 1897. Thereafter, by leave of the court, the plaintiff filed certain amendments, and the present hearing is on a demurrer to the complaint as thus amended. The general nature of the action is shown in the following extract from my opinion on the former demurrer:
“This action is upon two bonds, each of which obligates the -defendant, subject to certain provisions, to reimburse any loss sustained by plaintiff through the fraud or dishonesty of the employes therein named; the employs named in one bond…
2Cases cited22 opinions
- Riddlesbarger v. Hartford InsuranceSupreme Court of the United States · 1869
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Ermentrout v. Girard Fire & Marine InsuranceSupreme Court of Minnesota · 1895
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. DiltsIndiana Supreme Court · 1984
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- London Guarantee & Accident Co. v. SiwyIndiana Court of Appeals · 1903
- Travelers' Ins. Co. of Hartford v. ScottCourt of Appeals of Texas · 1919
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
8 more not listed; retrieve them via the Exa API.