Legal Opinion

Fidelity & Deposit Co. v. Courtney

Supreme Court of the United States

Decided June 2, 1902No. 178PublishedCited by 88 opinions

' CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The action below was brought, on February 5, 1898, by. Courtney, as receiver of the German National Bank of Louisville, appointed by the Comptroller of the Currency on January 22,1897, four days after the closing of the bank.

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' CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. The action below was brought, on February 5, 1898, by. Courtney, as receiver of the German National Bank of Louisville, appointed by the Comptroller of the Currency on January 22,1897, four days after the closing of the bank. Becovery was sought upon a bond of indemnity for ten thousand dollars and renewals thereof, taking effect respectively on June 1,1894, June 1, 1895, and June 1, 1896. The condition .of the bond was to hold the bank harmless against any loss which it might sustain by reason of any fraud committed by Jacob…

1Opinion of the CourtJustice White

We shall consider under separate headings the several propositions upon which reliance is placed to demonstrate that error was committed by the trial court.

1. The court erred in admitting in evidence a notice of the default of McKnight given to the surety company by the receiver on February 18, 1897, and in instructing the jury that the requirements in the bond, that immediate notice should be given of a default, were fulfilled by giving notice “as soon as reasonably practicable and with promptness” or “within a reasonable time.”

The bank was closed by the Comptroller on January 18, 1897, and…

2Cases cited11 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. American Surety Company v. PaulySupreme Court of the United States · 1898
  3. Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
  4. MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
  5. The Distilled SpiritsSupreme Court of the United States · 1871

6 more not listed; retrieve them via the Exa API.

3Cited by88 opinions

  1. Pan American Petroleum & Transport Co. v. United StatesSupreme Court of the United States · 1927
  2. Kanawha & Michigan Railway Co. v. KerseSupreme Court of the United States · 1916
  3. Munroe v. HarrimanCourt of Appeals for the Second Circuit · 1936
  4. George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
  5. Matter of King Resources Co.District Court, D. Colorado · 1982

83 more not listed; retrieve them via the Exa API.

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