Legal Opinion
United States v. Payne
District Court, D. Connecticut
Decided July 25, 1967No. Cr. No. 11805PublishedCited by 10 opinions
1Opinion of the Court
TIMBERS, Chief Judge.
QUESTION PRESENTED
The essential question presented by the motion of Allegheny Mutual Casualty Company (hereinafter “the corporate surety”), pursuant to Rule 46(f) (2) and (4), Fed.R.Crim.P., to set aside the default judgment entered by the Court upon the declared forfeiture of defendant John Payne’s bail, is whether the corporate surety discharged its duty to supervise defendant with sufficient care so that “it appears that justice does not require the enforcement of the forfeiture.” 1
The Court holds that the circumstances of this case reveal inadequate supervision by the…
2Cases cited2 opinions
- Willis Smith and Resolute Insurance Company of Hartford, Connecticut v. United StatesCourt of Appeals for the Fifth Circuit · 1966
- United States v. Public Service Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 1960
3Cited by10 opinions
- Securities & Exchange Commission v. Lincoln Thrift Ass'nCourt of Appeals for the Ninth Circuit · 1978
- American Bankers Insurance Co. v. United StatesDistrict of Columbia Court of Appeals · 1991
- United States v. CrutcherDistrict Court, D. Connecticut · 1968
- Rochelle Bail Agency, Inc. v. Maryland National InsuranceCourt of Appeals for the Seventh Circuit · 1973
- United States v. PayneDistrict Court, D. Connecticut · 1968
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