American Surety Co. v. Ballman
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Missouri. This action was brought by the American Surety Company of New York, the plaintiff in error, against Henry W. Ballman and Joseph Durfee, the defendants in error, on an indemnity bond.
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In Error to the Circuit Court of the United States for the Eastern District of Missouri. This action was brought by the American Surety Company of New York, the plaintiff in error, against Henry W. Ballman and Joseph Durfee, the defendants in error, on an indemnity bond. The defense presented by the answer, and upon which the cause was decided, sets forth that the bond in question was given by defendants to indemnify the American Surety Company for loss by reason of having signed, as surety of Tromanhauser Bros., a certain other bond to the Burlington Elevator Company, for $50,000; that, when…
1Opinion of the CourtCaldwell, Circuit Judge
Do the facts found estop the plaintiff from recovering on the defendants’ bond?
The first contention of the learned counsel for the plaintiff in error is that while the facts found may constitute a contract, with the usual consequences of a contract, they cannot operate by way of estoppel, because the agreement and representations of the plaintiff relied on for that purpose related to matters of intention with respect to future conduct, and not to a present or past state of things. While the representations that will constitute an estoppel generally have relation to a present or past state of…
2Cases cited9 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Preston v. MannSupreme Court of Connecticut · 1856
- Holland v. DrakeOhio Supreme Court · 1876
- Halliday v. StuartSupreme Court of the United States · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peoples National Bank v. Linebarger Construction Co.Supreme Court of Arkansas · 1951
- Illinois Central Railroad v. BlahaWisconsin Supreme Court · 1958
- Atlanta Title & Trust Co. v. Allied Mortgage Co.Court of Appeals of Georgia · 1940
- Atlanta Title & Trust Co. v. Allied Mortgage Co.Court of Appeals of Georgia · 1939
- Bankers' Trust Co. v. New Amsterdam Casualty Co.Court of Appeals for the Eighth Circuit · 1934
1 more not listed; retrieve them via the Exa API.