Legal Opinion
Sullivan v. Fidelity & Casualty Co.
Michigan Supreme Court
Decided December 22, 1919No. Docket No. 59PublishedCited by 5 opinions
Error to Shiawassee; Collins (Joseph H.), J. Assumpsit by James Sullivan against the Fidelity & Casualty Company of New York, surety, and Arthur L. Waldorf, principal, on a bond. Judgment for plaintiff. Defendant surety brings error.
1Opinion of the Court
On Rehearing.
Sharpe, J.
Counsel for the defendant urge that this court was in error in affirming the judgment of the trial court—
“Because the court in reaching the conclusion stated in its opinion overlooked the fact that by reason of the evidence of plaintiff’s claim being evidence of a lump sum of damages, no basis * was furnished by which it could be determined how much of the penalty of each of the bonds involved in said cause would be paid and satisfied by reason of said judgment.”
Counsel for the plaintiff contend that it will not be possible for defendant to secure such a determination…
2Cited by5 opinions
- Archer v. MusickNebraska Supreme Court · 1947
- Title Guaranty & Surety Co. v. RoehmMichigan Supreme Court · 1921
- Kearns v. Michigan Iron & Coke Co.Michigan Supreme Court · 1954
- Nierman v. White's Motor Parts, Inc.Michigan Supreme Court · 1934
- Archer v. MusickNebraska Supreme Court · 1946