United States Fidelity & Guaranty Co. v. Riefler
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the-liability of defendants on a bond of indemnity to a surety company, are stated in the opinion. The instrument sued on in this case is a bond of indemnity and not a contract of guaranty. There is a generic as well as a historic distinction between bonds of indemnity and contracts of guaranty. 14 Am. & Eng.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The facts, which involve the-liability of defendants on a bond of indemnity to a surety company, are stated in the opinion. The instrument sued on in this case is a bond of indemnity and not a contract of guaranty. There is a generic as well as a historic distinction between bonds of indemnity and contracts of guaranty. 14 Am. & Eng. Ency. 1127; 16 id. 168; 20 Cyc. 1397-1402; 22 id. 79, 80; Vandiver v. Pollak, 107 Alabama, 547; 1 Brandt on Suretyship, 3d ed., § 5. Bonds of indemnity are original and primary obligations not…
1Opinion of the CourtJustice Holmes
The. facts certified are simple. One Dooling, being required to give an official bond, applied in Springfield, Illinois, to an agent of the plaintiff, in error, a bonding company having its home office in. Baltimore, Maryland, was informed that the Company would become his surety only on condition that he furnish indemnity, and was handed a printed form of indemnity bond. The defendants in error at Dooling’s request signed and sealed this bond for the purposes therein expressed and authorized Dooling to deliver it to the Company through its Springfield agent, which Dooling did. The agent, who…
2Cases cited2 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
3Cited by15 opinions
- Bozant v. Bank of New YorkCourt of Appeals for the Second Circuit · 1946
- Midland National Bank v. Security Elevator Co.Supreme Court of Minnesota · 1924
- Balfour, Guthrie & Co. v. KnightOregon Supreme Court · 1917
- State Ex Rel. Harding v. LaneNorth Dakota Supreme Court · 1931
- Citizens' National Bank v. ParsonsCourt of Appeals of Maryland · 1934
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