United States Fidelity & Guaranty Co. v. Naylor
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the United States Fidelity & Guaranty Company against G. W. Naylor and others. From a decree dismissing the suit, complainant appeals.
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Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the United States Fidelity & Guaranty Company against G. W. Naylor and others. From a decree dismissing the suit, complainant appeals. Dickerson and Starrett were copartners doing business in Kansas under the firm name of the Toronto Bank in January and February, 1902, and Dickerson continued to do business under that name until some time in January, 1903. On February 1, 1902, the bank was indebted to Woodson county, Kan., on account of county funds deposited with it, in the sum of…
1Opinion of the CourtSanborn, Circuit Judge
(after stating the facts as above). [1] The test of cosuretyship is a common liability for the same debt or burden. This liability may arise at the same time or at different times,, out of the same writing or out of many writings: A common interest and a common burden alone are required to create the relation^ and to enable the cosurety who has paid more than his due proportion to claim contribution from those who have paid less than their just proportion of the common liability. “If several persons, or several sets of persons, become sureties for the same duty or debt, of, to, and for, the…
2Cases cited28 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Kaufmann v. CooperNebraska Supreme Court · 1896
- Fletcher v. JacksonSupreme Court of Vermont · 1851
23 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Phillips-Jones Corp. v. ParmleySupreme Court of the United States · 1937
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Hayes v. Travelers Ins. Co.Court of Appeals for the Tenth Circuit · 1937
- National Surety Co. v. BecklundSupreme Court of Minnesota · 1926
- New Amsterdam Casualty Co. v. BookhartSupreme Court of Iowa · 1931
17 more not listed; retrieve them via the Exa API.