United States Fidelity & Guaranty Co. v. Hittle
Supreme Court of Iowa
Appeal from Woodbury -District Court. — Hon. F. R. Gay-nor, Judge. The defendant was the treasurer of Sioux City, Iowa, and the plaintiff furnished his official bond, in the sum of. $100,000. In his application for the bond, the defendant agreed to “indemnify and keep indemnified” the company “from and against any, and all loss, costs, charges, suits, damages, counsel fees, and expenses of whatever kind or nature which said company shall or may, for any cause, at any time,…
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Appeal from Woodbury -District Court. — Hon. F. R. Gay-nor, Judge. The defendant was the treasurer of Sioux City, Iowa, and the plaintiff furnished his official bond, in the sum of. $100,000. In his application for the bond, the defendant agreed to “indemnify and keep indemnified” the company “from and against any, and all loss, costs, charges, suits, damages, counsel fees, and expenses of whatever kind or nature which said company shall or may, for any cause, at any time, sustain or incur or be put to for or by reason or in consequence of said company having entered into or executed said…
1Opinion of the CourtSheRWIN, J.
The court instructed that the plaintiff could recover nothing unless it proved that the attorneys’ fees paid by it were reasonably and necessarily expended in defending against the suits, and reasonably necessary to protect it from liability on its bond. The clearly-expressed thought of the charge is that no matter how conscientiously the plaintiff acted in employing and paying counsel to represent its interests in the litigation, it cannot recover under the terms of its agreement with the defendant unless the employment of such counsel was reasonably necessary; or, in other words, that if…
2Cases cited3 opinions
- Trustees of Newburgh v. GalatianNew York Supreme Court · 1825
- Hulett v. SoullardSupreme Court of Vermont · 1854
- Chilson v. DownerSupreme Court of Vermont · 1855
3Cited by15 opinions
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- Lamp, Inc. v. International Fidelity InsuranceAppellate Court of Illinois · 1986
- Maryland Casualty Co. v. BallardSupreme Court of Oklahoma · 1927
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