Legal Opinion

American Guaranty Co. v. American Fidelity Co.

Court of Appeals for the Sixth Circuit

Decided November 11, 1919No. 3298PublishedCited by 2 opinions

In Error to the District Court of the United States for the Southern District of Ohio; John E. Sater, Judge. Action by the American Fidelity Company against the American Guaranty Company. There was a judgment for plaintiff, and defendant brings error.

1Opinion of the Court

McCAEE, District Judge.

In this case a jury was waived by proper stipulation and the case heard before the District Judge. Separate findings of fact and conclusions of law were made by the District Court, and a judgment rendered against the defendant below, from which it prosecutes error to this court. For convenience we shall refer to the Fidelity Company, defendant in error, as plaintiff, and to *898the Guaranty Company, plaintiff in error, as defendant, as they appeared in the court below.

These undisputed facts appear on the pleadings: In December, 1913, the plaintiff became surety on a bond in…

2Cases cited10 opinions

  1. De Witt v. BerrySupreme Court of the United States · 1890
  2. Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
  3. Bowling v. HarrisonSupreme Court of the United States · 1848
  4. Carey v. DonohueCourt of Appeals for the Sixth Circuit · 1913
  5. Pugh v. SnodgrassCourt of Appeals for the Sixth Circuit · 1913

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3Cited by2 opinions

  1. Walters v. First National BankOhio Supreme Court · 1982
  2. Pickands, Mather & Co. v. H. A. &. D. W. Kuhn & Co.Court of Appeals for the Sixth Circuit · 1925

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