Legal Opinion

Wells v. Fidelity & Deposit Co. of Maryland

Supreme Court of Louisiana

Decided March 3, 1919No. 21654Published

Appeal from First Judicial District Court, Parish of Caddo; R. D. Webb, Judge. Suit on a builder’s bond in her favor by Mrs. Kate H. Wells against the Fidelity '& Deposit Company of Maryland. Judgment for plaintiff, and defendant appeals.

1Opinion

On Rehearing.

MONROE, C. J.

A further consideration of the issues herein presented having led to the adoption of conclusions differing from those heretofore reached, the following reasons are assigned:

Defendant is sued as the surety upon a bond which reads:

“Bond of Performance of Contract.
“I, E. R. Darrow, builder and contractor, and Fidelity & Deposit Co., of Maryland, are held and firmly bound to Mrs. líate H. Wells in the sum of $23,000.00, for the payment of which we hereby bind ourselves firmly and in solido by this presents.
“Dated at Shreveport, La., this 5th day of October, 1911.
“The…

2Cases cited14 opinions

  1. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  2. Columbia Bank & Trust Co. v. United States Fidelity & Guaranty Co.Supreme Court of Oklahoma · 1912
  3. Orleans & J. Ry. Co. v. International Const. Co.Supreme Court of Louisiana · 1903
  4. Colusa & Hamilton Railroad v. LeonardCalifornia Supreme Court · 1917
  5. Shreveport Mut. Bldg. Ass'n v. WhittingtonSupreme Court of Louisiana · 1916

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