Williams & Co. v. United States Fidelity & Guaranty Co.
Court of Appeals of Georgia
Action on bond; from city court of Atlanta — Judge Reid. April 20, 1912. The case as made by the petition was substantially as follows: The defendants entered into a contract for the building of a schoolhouse in the State of Florida. They executed to the trustees of the school a bond in the penal sum of $7,500, conditioned to comply faithfully with all of the terms of the contract.
Read the full summary
Action on bond; from city court of Atlanta — Judge Reid. April 20, 1912. The case as made by the petition was substantially as follows: The defendants entered into a contract for the building of a schoolhouse in the State of Florida. They executed to the trustees of the school a bond in the penal sum of $7,500, conditioned to comply faithfully with all of the terms of the contract. The bond further provided that if the principals should fail to comply with the conclitions of the contract to such an extent that the same should be forfeited, the surety should have the right to assume the…
1Opinion of the CourtPottle, J.
1. There is no merit in the demurrer. The cause •of action declared upon is clearly for the breach of the indemnity agreement embodied in the application for the bond. This agreement and the payment of the premium mentioned in the application constituted the consideration for the execution of the bond. The agreement was certainly not extinguished by the execution of the bond, for upon its face it was to have no force and effect unless the surety company became liable on its undertaking. It is true that the principals -in the bond would have been liable over to the surety upon an implied…
2Cases cited18 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- In re Roth & AppelCourt of Appeals for the Second Circuit · 1910
- In re Pettingill & Co.District Court, D. Massachusetts · 1905
- Jones v. ChildsNevada Supreme Court · 1872
- In re Pettingill & Co.Court of Appeals for the First Circuit · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- William J. Rochelle, Jr., Trustee v. United StatesCourt of Appeals for the Fifth Circuit · 1975
- Jordan v. Century Natural Gas Corp.District Court, N.D. Texas · 1978
- In Re Breezewood Acres, Inc.United States Bankruptcy Court, M.D. Pennsylvania · 1982
- Great American Indemnity Co. v. BeverlyDistrict Court, M.D. Georgia · 1956
2 more not listed; retrieve them via the Exa API.