Legal Opinion

American Surety Co. of New York v. Robinson

Court of Appeals for the Fifth Circuit

Decided October 29, 1931No. 6359PublishedCited by 6 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

American Surety Company, as surety for the treasurer of a- Georgia county, was required to pay his defalcation, and brought a bill in equity for subrogation to the right of the county to hold its county commissioners individually liable for the loss. Motions to dismiss the bill were granted, and the surety company appeals.

The bill sets up that it was the duty of the commissioners under the law to audit each claim presented against the county, and, if allowed, to register it and issue an order on the county treasurer payable to. the claimant. This the commissioners…

2Cases cited5 opinions

  1. American Nat. Bank v. Fidelity & Deposit Co.Supreme Court of Georgia · 1907
  2. National Surety Co. v. State Savings BankCourt of Appeals for the Eighth Circuit · 1907
  3. National Surety Co. v. ArosinCourt of Appeals for the Eighth Circuit · 1912
  4. American Bonding Co. of Baltimore v. WeltsCourt of Appeals for the Ninth Circuit · 1912
  5. Williams v. LymanCourt of Appeals for the Eighth Circuit · 1898

3Cited by6 opinions

  1. American Surety Co. of New York v. Lewis State BankCourt of Appeals for the Fifth Circuit · 1932
  2. Fidelity Deposit Co. of Maryland v. AthertonNew Mexico Supreme Court · 1943
  3. United States Fidelity & Guaranty Co. v. Raton Natural Gas Co.New Mexico Supreme Court · 1974
  4. American Surety Co. of New York v. BacheCourt of Appeals of Texas · 1935
  5. American Surety Co. v. Waggoner Nat. BankDistrict Court, N.D. Texas · 1934

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