National Surety Co. v. Universal Transp. Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Scire facias by the Universal Transportation Company, Incorporated, agáinst the National Surety Company to obtain execution. Judgment for execution (252 Fed. 293), and the Surety Company brings error. Heard on motion to dismiss or affirm.
1Opinion of the Court
HOUGH, Circuit Judge.
This plaintiff in error was surety on a bond given to secure the demand of the party plaintiff or libelant in the cases which finally reached us as The Ada, 250 Fed. 194, 162 C. C. A. 330, and Rederiaktiebolaget v. Universal, etc., Co., 250 Fed. 400, 162 C. C. A. 470. As the result of the decision last mentioned, judgment for a very large sum was duly docketed in favor of the Universal Company and against the Rederiaktiebolaget.
Execution thereupon having been returned nulla bona, and the above-named surety company, as surety, failing to pay on demand, the execution…
2Cases cited5 opinions
- The AdaCourt of Appeals for the Second Circuit · 1918
- Hinckley v. MortonSupreme Court of the United States · 1881
- Universal Transp. Co. v. National Surety Co.District Court, S.D. New York · 1918
- Sire v. Ellithorpe Air Brake Co.Supreme Court of the United States · 1891
- Rederiaktiebolaget Amie v. Universal Transp. Co.Court of Appeals for the Second Circuit · 1918
3Cited by5 opinions
- Brown v. CarverCourt of Appeals for the Second Circuit · 1930
- Bassett v. United StatesCourt of Appeals for the Ninth Circuit · 1927
- Kehaya v. AxtonDistrict Court, S.D. New York · 1940
- United States v. DiamondDistrict Court, S.D. New York · 1931
- Montgomery v. Realty Acceptance Corp.District Court, D. Delaware · 1936