Legal Opinion

T. E. Hill Co. ex rel. Bither v. United States Fidelity & Guaranty Co.

Appellate Court of Illinois

Decided January 13, 1914No. Gen. No. 18,026Published

Appeal from the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding.

1Opinion of the CourtJustice Barnes

This was an action of debt brought against appellant as surety on an appeal bond. The plea was nil debet, but the breach of the bond was not questioned at the trial, the controversy being over the extent of liability. The court found the damages exceeded ten thousand dollars, and assessed them at five thousand dollars, the full amount of the penalty.

The bond was given under section 25 of the Bankruptcy Act on appeal from an order dismissing a petition to have appellee adjudicated a bankrupt.

The petition was filed by three creditors, and on the same day a receiver was appointed on the…

2Cases cited12 opinions

  1. Manistee Lumber Co. v. Union National BankIllinois Supreme Court · 1892
  2. T. E. Hill Co. v. United States Fidelity & Guaranty Co.Illinois Supreme Court · 1911
  3. In re LacovCourt of Appeals for the Second Circuit · 1905
  4. Baughman v. Superior CourtCalifornia Supreme Court · 1887
  5. In re WilliamsDistrict Court, E.D. Arkansas · 1903

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