United States Fidelity & Guaranty Co. v. Naylor
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the United States Fidelity & Guaranty Company against G. W. Naylor and others. From a decree dismissing the suit, complainant appeals.
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Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the United States Fidelity & Guaranty Company against G. W. Naylor and others. From a decree dismissing the suit, complainant appeals. Dickerson and Starrett were copartners doing business in Kansas under the firm name of the Toronto Bank in January and February, 1902, and Dickerson continued to do business under that name until some time in January, 1903. On February 1, 1902, the bank was indebted to Woodson county, Kan., on account of county funds deposited with it, in the sum of…
1DissentTrieber, District Judge
I am constrained to dissent from so much of the majority opinion which holds that the appellees are liable to contribute two-thirds of the amount due from the two bonds, and from that part of the opinion which holds that they are liable for any part of the costs paid out by the appellant in the suit brought by the county. In my opinion each of the bonds must be treated as being for the sum of $5,000, and therefore the sureties on each of the bonds are liable for one-half. The statute of Kansas under which these bonds were executed (section 1704, General Statutes of Kansas 1901) reads as…
2Cases cited10 opinions
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Fletcher v. JacksonSupreme Court of Vermont · 1851
- Gross v. DavisTennessee Supreme Court · 1889
- Boutin v. EtsellWisconsin Supreme Court · 1901
- Trutch v. BunnellOregon Supreme Court · 1883
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