Legal Opinion

Fidelity Trust Company v. American Surety Company of New York and Hartford Accident and Indemnity Company

Court of Appeals for the Third Circuit

Decided June 23, 1959No. 12874PublishedCited by 31 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This is a suit by the plaintiff bank against two surety companies which had issued to the plaintiff a “Bankers Blanket Bond.” The plaintiff won in the district court following a carefully considered opinion by the trial judge. D.C.W.D.Pa. 1959, 174 F.Supp. 630. The surety companies appeal.

The case presents no contested issue of fact. The amount of loss by the plaintiff was agreed upon and the sole question is that of determining the effect of a clause in the bond which will be set out presently.

The plaintiff bank made a series of loans to a concern called Re-Ly-On…

2Cases cited4 opinions

  1. Black & Yates, Inc. v. Mahogany Ass'nCourt of Appeals for the Third Circuit · 1942
  2. Mann v. SalsbergSuperior Court of Pennsylvania · 1901
  3. Sanctis Construction, Inc., Arbitration CaseSuperior Court of Pennsylvania · 1945
  4. Fidelity Trust Co. v. American Surety Co. of New YorkDistrict Court, W.D. Pennsylvania · 1959

3Cited by31 opinions

  1. National City Bank of Minneapolis v. St. Paul Fire & Marine Insurance Co.Supreme Court of Minnesota · 1989
  2. State Bank of Poplar Bluff v. Maryland Casualty CompanyCourt of Appeals for the Eighth Circuit · 1961
  3. The Exchange National Bank of Olean v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1965
  4. American Insurance Company v. First National Bank in St. LouisCourt of Appeals for the First Circuit · 1969
  5. Maryland Casualty Company v. State Bank & Trust CompanyCourt of Appeals for the Fifth Circuit · 1970

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