Legal Opinion
Community National Bank v. Fidelity & Deposit Co. of Maryland
Court of Appeals for the Ninth Circuit
Decided November 1, 1977No. 76-1612PublishedCited by 15 opinions
1Per curiam
The district court granted summary judgment against a surety in favor of a third party on the ground that the surety had no greater right against the third party than the creditor had and the creditor was barred by a judgment in favor of the third party in a prior action by the creditor. A California decision subsequent to the lower court’s ruling held that a surety has an independent and direct cause of action against a third party for injuries suffered by the surety as a result of the wrongful conduct of the third party. This decision requires reversal of the judgment below.
On May 1, 1969,…
2Cases cited24 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Rowland v. ChristianCalifornia Supreme Court · 1968
- Dillon v. LeggCalifornia Supreme Court · 1968
- Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Psm Holding Corp. v. National Farm Financial Corp.Court of Appeals for the Ninth Circuit · 2018
- Antonio A. Andrade v. City of Phoenix and Lawrence Wetzel, Clifford D. Fugate and Robert Dennis Barnhart v. Phoenix Civil Service BoardCourt of Appeals for the Ninth Circuit · 1982
- American Triticale, Inc. v. Nytco Services, Inc.Court of Appeals for the Ninth Circuit · 1981
- City of Whittier (Subrogee of Charles Hoover) v. United States Department of Justice (Drug Enforcement Administration), Les KinneyCourt of Appeals for the Ninth Circuit · 1979
- Manalis Finance Co., a Co-Partnership v. United StatesCourt of Appeals for the Ninth Circuit · 1980
10 more not listed; retrieve them via the Exa API.