United States ex rel. Sabine & E. T. Ry. Co. v. Hyatt
Court of Appeals for the Fifth Circuit
Writ of Error to the Circuit Court of the United States for the Eastern District of Texas. This suit was brought by the Sabine & East Texas Railway Company, in the name of the United States, on a bond which F. A. Hyatt & Co., executed to the United States. The railway company claims that F. A. Hyatt & Co. are indebted to it for transportation charges, and that the principals and sureties on the bond just mentioned are liable for the indebtedness.
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Writ of Error to the Circuit Court of the United States for the Eastern District of Texas. This suit was brought by the Sabine & East Texas Railway Company, in the name of the United States, on a bond which F. A. Hyatt & Co., executed to the United States. The railway company claims that F. A. Hyatt & Co. are indebted to it for transportation charges, and that the principals and sureties on the bond just mentioned are liable for the indebtedness. A jury was waived in the trial court.. The judge made findings of fact and law. His findings of fact are, in substance, as follows: F. A. Hyatt &…
1Opinion of the CourtParlance, District Judge
(after stating the facts as above). Under the view which we take of this cause, it is unnecessary for us to pass upon certain matters discussed at considerable length in the briefs, such as the question whether the execution of the bond by F. A. Hyatt & Co. to the railway company, the proceedings on that bond in the state court, including the release of a surety on that bond and the granting of time to the principals, operated, quoad the railway company, the discharge of the obligation of the sureties on the bond executed by F. A. Hyatt & Co. to the United States. These and other matters…
2Cited by15 opinions
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- H. H. Robertson Co. v. Globe Indemnity Co.Superior Court of Pennsylvania · 1921
- State v. Aetna Casualty & Surety Co.Supreme Court of Delaware · 1929
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