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Legal Opinion · Dissent

Town of Troy v. AMERICAN FIDELTY COMPANY

Supreme Court of Vermont

Decided May 6, 1958No. 964Published

1Dissent

Holden, 3.

dissenting. I am unable to concur with that part of the majority opinion which measures the defendant’s total responsibility by the condition imposed against cumulative liability. It is my view that sound principles of law and justice prevent the defendant’s liability to be restricted by this device.

The successive undertakings of the defendant during the period 1942 through 1948 form the basis of this action in contract. Each of the several undertakings were written, furnished, and approved in response to the demand of our statutory law relating to town officers. The issuance of…

2Cases cited15 opinions

  1. United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
  2. United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
  3. People v. . Metropolitan Surety Co.New York Court of Appeals · 1914
  4. Estate of Ramsay v. People ex rel. Southern Illinois PenitentiaryIllinois Supreme Court · 1902
  5. Lawrence v. American Surety Co.Michigan Supreme Court · 1933

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