Legal Opinion

Maryland Casualty Co. v. Klaber's Estate

Oregon Supreme Court

Decided April 24, 1917PublishedCited by 1 opinion

From Multnomah: T. E. J. Duffy, Judge. This proceeding was initiated by petition of the Maryland Casualty Company, a corporation, against the estate of Herman Klaber, deceased, Max Wolf and Herman A. Kaufman, as trustees, to be relieved from a surety bond. From a judgment denying the application, petitioner appeals. Affirmed. Department 2. Statement by Mr. Chief Justice McBride.

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From Multnomah: T. E. J. Duffy, Judge. This proceeding was initiated by petition of the Maryland Casualty Company, a corporation, against the estate of Herman Klaber, deceased, Max Wolf and Herman A. Kaufman, as trustees, to be relieved from a surety bond. From a judgment denying the application, petitioner appeals. Affirmed. Department 2. Statement by Mr. Chief Justice McBride. This was a proceeding by plaintiff to be relieved from a surety bond given by it to secure the faithful performance of the duties of the trustees of Bernice Janet Klaber under the will of Herman Klaber, deceased.…

1Opinion of the Court

Opinion by

Mr. Chief Justice McBride.

1. If according to plaintiff’s contention, this application is to be treated as a proceeding at law, the findings of the court are conclusive here as to the facts. There remains but one question: Can the surety upon a bond of this character be relieved of further liability thereon upon his arbitrary demand to be so released and without showing any fault, dereliction or misconduct on the part of his principal? The decision of this matter hinges upon the construction of Section 685, L. O. L., which reads as follows:

“The surety, or representative of any…

2Cases cited13 opinions

  1. State v. FinchOregon Supreme Court · 1909
  2. In Re the Estate of ThurberNew York Court of Appeals · 1900
  3. Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
  4. Jamieson v. PottsOregon Supreme Court · 1909
  5. Abraham v. City of RoseburgOregon Supreme Court · 1909

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3Cited by1 opinion

  1. Central Surety Ins. Corp. v. RichardsonSupreme Court of Oklahoma · 1938

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