Title Guaranty & Surety Co. v. State ex rel. Leavenworth State Bank
Indiana Court of Appeals
From Harrison. Circuit Court; William Ridley, Judge. Action by the State of Indiana, on the relation of The Leavenworth State Bank, against The Title Guaranty and Surety Company of Scranton, Pennsylvania, and others. From a judgment for relator, the defendant named appeals.
1Opinion
On Petition for Rehearing.
Caldwell, J.
Appellant, by its petition for a rehearing, earnestly and ably contends that the court in its original opinion erred in two material respects, to the following effect: (1) In holding that the bond involved in this action, although broader in its conditions than required by the statute under which it was apparently given, may nevertheless be enforced according to its terms. (2) In applying §§400, 401, 700 Burns 1914, §§391, 392, 658 R. S. 1881, in order that the judgment below might be affirmed.
8. Respecting the first point, the holding is substantially…
2Cases cited14 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Knapp v. SwaneyMichigan Supreme Court · 1885
- Puget Sound State Bank v. GallucciWashington Supreme Court · 1914
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
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