Legal Opinion

Bellinger v. United States Fidelity & Guaranty Co.

Supreme Court of South Carolina

Decided March 16, 1921No. 10586PublishedCited by 4 opinions

Before Moore and McIvEr, J-, Richland, fall term, 1919, and spring term, 1920. Action by G. Duncan Bellinger, Judge of Probate for Richland county, against United States Fidelity and Guaranty Co. on a surety bond. From order striking out certain allegations in the answer, and from judgment for plaintiff, the defendant appeals. cites : Duty of principal and surety: 21 R. C. D. 1000. Surety had right to be heard as to defaults of principal: 22 S. C. 428; 7 S. C. 209; 7 Rich.

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Before Moore and McIvEr, J-, Richland, fall term, 1919, and spring term, 1920. Action by G. Duncan Bellinger, Judge of Probate for Richland county, against United States Fidelity and Guaranty Co. on a surety bond. From order striking out certain allegations in the answer, and from judgment for plaintiff, the defendant appeals. cites : Duty of principal and surety: 21 R. C. D. 1000. Surety had right to be heard as to defaults of principal: 22 S. C. 428; 7 S. C. 209; 7 Rich. D. *176; 1 Rich. 507; 37 S. C. 176; Bail Ecj. *334; 2 Hill 313; 1 McMull *100; 5 Rich. 80; 16 S. C. 517; 74 S. C. 527; 33…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action against the defendant as surety upon the bond of Walter J. Simons, committee of R. J. Palmer, a lunatic. The trial was before Hon. Edward Mclver, presiding Judge, at spring term, 1920, without a jury, upon the pleadings and an agreed statement of facts. He rendered judgment in favor of the plaintiff for $1,105.18' May 27, 1920, from which the defendant appeals.

In 1908 R. J. Palmer was adjudged a lunatic. Walter J. Simons was appointed his committee, and on February 4, 1908, qualified by furnishing a bond to the Probate Judge…

2Cases cited2 opinions

  1. Stovall v. BanksSupreme Court of the United States · 1871
  2. Kennedy v. AdickesSupreme Court of South Carolina · 1892

3Cited by4 opinions

  1. Gullick, Probate Judge v. SlatenSupreme Court of South Carolina · 1933
  2. American Surety Co. of N.Y. v. MuckenfussSupreme Court of South Carolina · 1934
  3. American Surety Co. v. BabbCourt of Appeals for the Fourth Circuit · 1935
  4. Nelson v. ParsonSupreme Court of South Carolina · 1938

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