Legal Opinion
American Surety Co. v. Florida Nat. Bank & Trust Co.
Court of Appeals for the Fifth Circuit
Decided January 27, 1938No. 8612PublishedCited by 5 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
The suit was against the surety on a garnishment bond executed in the suit of Isabella Hallman v. Alice Rich for damages for breach of its condition: “now therefore, if the said Isabella' Hallman, a widow, shall well and truly pay all costs and 'damages the defendant may sustain in consequence of complainant improperly suing out said writ of garnishment, then this bond to 'be null and void, else to remain in full force and virtue.”
The claim was that the writ caught $3,896.74 which Rich had on deposit with the garnisheed bank; that shortly after the garnishment the…
2Cases cited13 opinions
- W. B. Moses & Sons v. LockwoodDistrict Court, District of Columbia · 1924
- James v. CannellWashington Supreme Court · 1925
- Steen v. Ross, Keen & Co.Supreme Court of Florida · 1886
- Taylor v. WilburWashington Supreme Court · 1932
- Straus v. GuilhouAppellate Division of the Supreme Court of the State of New York · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Archie Bradsher Davis v. Peerless Insurance Co.Court of Appeals for the D.C. Circuit · 1958
- American Surety Company of New York v. NashArizona Supreme Court · 1964
- Martin v. MartinDistrict Court of Appeal of Florida · 1967
- Ritter v. Miami Marine Agency, Inc.District Court of Appeal of Florida · 1961
- American Surety Company of New York v. NashArizona Supreme Court · 1964