United States Fidelity Co. v. Martin
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is an action by the United States Fidelity & Guaranty Company, a corporation, against G. F. Martin and C. A. Sheppard.
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From Multnomah: William N. Gatens, Judge. Statement by Mr. Justice Burnett. This is an action by the United States Fidelity & Guaranty Company, a corporation, against G. F. Martin and C. A. Sheppard. The record discloses the following state of facts: The plaintiff, a Maryland corporation authorized to operate in Oregon, avers substantially that the defendants applied to it to furnish a redelivery bond to secure the release of property attached in an action in the Superior Court of Clarke County, Washington, wherein E. M. Meach was plaintiff and C. Schley, trading as Vancouver Bill Posting…
1DissentJustice Bean
delivered the following dissenting-opinion .
I am unable to concur in the majority opinion.
This is an action upon an indemnity contract. The cause was tried by the court without the intervention of a jury. Findings of fact were made and a judgment rendered in favor of defendant C. A. Sheppard, from which plaintiff appeals. Defendant G. F. Martin made no defense.
The facts and circumstances of the case are nearly all detailed in the findings of the trial court, the substance of which is as follows: The plaintiff is a Maryland corporation authorized to do business in Oregon. On December 2, 1910,…
2Cases cited15 opinions
- DeVall v. DeVallOregon Supreme Court · 1910
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Cowell v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1903
- Sun Dial Ranch v. May Land Co.Oregon Supreme Court · 1912
- Flegel v. KossOregon Supreme Court · 1906
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