American Bonding Co. of Baltimore v. Welts
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Western District of Washington. Actions by the American Bonding Company of Baltimore, Md., against R. O. Welts and others, against Patrick Halloran and others, and against George A. Plenson and others. Judgments for defendants, and plaintiff appeals. These appeals were argued and submitted together.
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Appeal from the Circuit Court of the United States for the Northern Division of the Western District of Washington. Actions by the American Bonding Company of Baltimore, Md., against R. O. Welts and others, against Patrick Halloran and others, and against George A. Plenson and others. Judgments for defendants, and plaintiff appeals. These appeals were argued and submitted together. Each of the suits was (onunonced in the court below by the appellant as complainant to recover a joint and several judgment against the defendants thereto in a sum exceeding the jurisdictional amount, the…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above).
[1,2] Subrogation'is a creature of equity designed to subserve the ends of justice, the application of which doctrine, therefore, depends upon the particular facts and circumstances of the case. Here the appellant was surety upon the bond of the county auditor, who became a defaulter and embezzler to the county’s loss, which loss the surety was called upon to and did make good at the end of a suit brought by the county to enforce such payment. The statute of the state under which the bond was given declares that:
“Every official bond executed by any officer…
2Cited by10 opinions
- American Bonding Co. v. State Savings BankMontana Supreme Court · 1913
- American Surety Co. v. Citizens' Nat. Bank of RoswellCourt of Appeals for the Eighth Circuit · 1923
- National Surety Co. v. National City Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1918
- Fidelity & Deposit Co. of Maryland v. Farmers' Bank of Bates CountyCourt of Appeals for the Eighth Circuit · 1930
- American Surety Co. of New York v. Bank of CaliforniaDistrict Court, D. Oregon · 1941
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