National Surety Co. v. Western Pac. Ry. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the North-: ern District of California; Wm. C. Van Fleet, Judge.. Action at law by the Western Pacific Railway Company against tha National Surety -Company. Judgment for plaintiff, and defendant brings error. The defendant in error brought an action against the plaintiff in error to recover upon an indemnity bond. The parties will in this - opinion be designated as they were in the court below, plaintiff and defendant.
Read the full summary
In Error to the Circuit Court of the United States for the North-: ern District of California; Wm. C. Van Fleet, Judge.. Action at law by the Western Pacific Railway Company against tha National Surety -Company. Judgment for plaintiff, and defendant brings error. The defendant in error brought an action against the plaintiff in error to recover upon an indemnity bond. The parties will in this - opinion be designated as they were in the court below, plaintiff and defendant. The substance of the complaint is that one J. Dalzell Brown was the treasurer of the plaintiff, and as such officer was…
1Opinion of the CourtGirbert, Circuit Judge
(after stating the facts as above).
[1] Error is assigned to the ruling of the court below in sustaining a demurrer to one of the defenses pleaded in the amended answer. That defense was that in 1903, two years prior to the issuance of the bond which is sued upon, the defendant issued a bond insuring the plaintiff against loss through the personal dishonesty of Brown, which bond was procured upon an application or “employer’s statement” made by the plaintiff, in which it was represented that Brown would sign checks or drafts on bank accounts only with the countersignature of the secretary of…
2Cases cited9 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Fidelity & Deposit Co. v. CourtneySupreme Court of the United States · 1902
- Remington v. Fidelity & Deposit Co.Washington Supreme Court · 1902
- Perpetual Building & Loan Ass'n v. United States Fidelity & Guarantee Co.Supreme Court of Iowa · 1902
- Ætna Indemnity Co. v. J. E. Crowe Coal & Mining Co.Court of Appeals for the Eighth Circuit · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fidelity & Deposit Co. of Maryland v. BatesCourt of Appeals for the Eighth Circuit · 1935
- Metropolitan Casualty Ins. v. JohnstonCourt of Appeals for the Third Circuit · 1918
- Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkCourt of Appeals for the Second Circuit · 1933
- Walker Ex Rel. Foristel v. American Automobile Insurance Co.Missouri Court of Appeals · 1934
- USLIFE Savings & Loan Ass'n v. National Surety Corp.California Court of Appeal · 1981
11 more not listed; retrieve them via the Exa API.