Legal Opinion
Title & Trust Co. v. United States Fidelity & Guaranty Co.
Oregon Supreme Court
Decided June 18, 1931PublishedCited by 21 opinions
1Opinion of the CourtKelly, J.
It is urged that the written instrument set out in the foregoing statement of fact, being the instrument upon which this action is based, is insuffi cient to constitute a valid undertaking. Attention is called to the fact that no obligee is named. It is claimed that no penal sum is mentioned. It is also argued that no covenant is stated, and it is alleged that there was no consideration for its execution.
In accordance with the statutory rule, which prescribes that “for the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject…
2Cases cited39 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Colton v. ColtonSupreme Court of the United States · 1888
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
34 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- General Accident Fire & Life Assurance Corporation Ltd., a Corporation v. Continental Casualty Company, a CorporationCourt of Appeals for the Ninth Circuit · 1961
- United States Fidelity & Guaranty Co. v. Thomlinson-Arkwright Co.Oregon Supreme Court · 1943
- Oregon Mutual Fire Insurance v. MathisOregon Supreme Court · 1959
- Powell v. SheetsOregon Supreme Court · 1952
- Union Oil Co. of Calif. v. LullOregon Supreme Court · 1960
16 more not listed; retrieve them via the Exa API.