United States Fidelity & Guaranty Co. v. United States
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Action by the United States against the United States Eidelity & Guaranty Company, a corporation. There was a judgment for the United States, and defendant brings error.
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In Error to the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trippet, Judge. Action by the United States against the United States Eidelity & Guaranty Company, a corporation. There was a judgment for the United States, and defendant brings error. Tbe United States brought this action in its own behalf, and for tbe use and benefit of the subrogee of tbe First National Bank of Bos Angeles, to recover judgment for $2,000, with interest, against tbe United States Fidelity & Guaranty Company, tbe penalty of a bond given by tbe…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1,2] Counsel for the Eidelity Company have argued at length that the doc*435trine of subrogation cannot inure to the benefit of the assuring company, that, inasmuch as the bank has been paid by the assuring company the full amount of the theft, as owner it has no interest in the litigation, and that the moral duty on the part of the government, as bailee, to procure a return of the money or equivalent to the owner, bailor, having been fulfilled, it is erroneous to permit recovery against the surety upon any assumption that it stands in the same position as the…
2Cases cited12 opinions
- United States v. BeebeSupreme Court of the United States · 1888
- Searight v. StokesSupreme Court of the United States · 1845
- National Surety Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1904
- Bode v. LeeCalifornia Supreme Court · 1894
- United States v. Atlantic Coast Line R.District Court, E.D. North Carolina · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Twentier v. United StatesUnited States Court of Claims · 1953
- United States Ex Rel. Midland Loan Finance Co. v. National Surety Corp.Supreme Court of the United States · 1940
- Lerakoli, Inc. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1986
- United Fruit Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1929
- Lerakoli, Inc. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1986
4 more not listed; retrieve them via the Exa API.