American Surety Co. of New York v. Cabell
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by Ellen D. Cabell against the American Surety Company of New York. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtKane, C. J.
This was an action commenced by the defendant in error, plainiff below, against plaintiff in error, defendant below, for the purpose of recovering an unexpended balance of a certain sum deposited for the purpose of indemnifying defendant against any loss which 'it might suffer by reason of its suretyship upon the bond of B. F. Cabell, the husband of the plaintiff, who was nominated executor of the last will and testament of J. M. Cabell, deceased. Hereafter the parties will be called “plaintiff” and “defendant,” respectively, as they were designated in the court below.
The defendant in its…
2Cases cited6 opinions
- In Re the Estate of ThurberNew York Court of Appeals · 1900
- United States Fidelity & Guaranty Co. v. HittleSupreme Court of Iowa · 1903
- American Surety Co. v. VinsonhalerNebraska Supreme Court · 1912
- Fidelity & Deposit Co. of Maryland v. CrouseSupreme Court of New Jersey · 1914
- American Surety Co. v. ThurberAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by4 opinions
- Maryland Casualty Co. v. BallardSupreme Court of Oklahoma · 1927
- United States Fidelity & Guaranty Co. v. FalkSupreme Court of Minnesota · 1943
- St. Louis, I. M. & S. Ry. Co. v. FarleySupreme Court of Oklahoma · 1916
- In Re Referendum Petition No. 71, State Question No. 216Supreme Court of Oklahoma · 1936