Bank of Commerce v. United States Fidelity & Guaranty Co.
Montana Supreme Court
Appeal from District Cowrt, Rosebud County; Charles L. Crum, Judge. Action by tbe Bank of Commerce of Forsyth, Montana, against the United States Fidelity & Guaranty Company. Judgment for plaintiff. Defendant appeals from it and an order denying its motion for a new trial. Mr Chief Justice Brantly and Mr. Justice Hurly dissenting.
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Appeal from District Cowrt, Rosebud County; Charles L. Crum, Judge. Action by tbe Bank of Commerce of Forsyth, Montana, against the United States Fidelity & Guaranty Company. Judgment for plaintiff. Defendant appeals from it and an order denying its motion for a new trial. Mr Chief Justice Brantly and Mr. Justice Hurly dissenting. Sureties on an official bond are not precluded from their defense because of a default judgment against the principal. {F oxer oft v. Nevens, 4 Me. 72;- Hawes v. Shed, 15 Mass. 6, 8 Am. Dec. 80; Baylies v. Havis, 1 Pick. (Mass.) 206; United States v. Bundle, 107…
1Opinion of the CourtJustice Cooper
The respondent bank, plaintiff below, recovered a judgment against appellant as surety upon the official bond of the sheriff of Rosebud county for the sum of $1,557.43, upon a cause of action growing out of the following state of facts:
In November, 1913, one E. S. Haskell commenced an action against the firm of Woolston & Holland, a copartnership conducting a garage and automobile business in the town of Forsyth in said county, to recover a balance of about $5,000 alleged to be due him from said firm, for goods sold and delivered to them. On the same day a writ of attachment was issued out of…
2Cases cited9 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Cohen v. ClarkMontana Supreme Court · 1911
- Harrington v. Butte & Boston Mining Co.Montana Supreme Court · 1902
- Fifty Associates Co. v. QuigleyMontana Supreme Court · 1919
- Welch v. NicholsMontana Supreme Court · 1910
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3Cited by17 opinions
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