Aetna Casualty & Surety Co. v. Equitable Surety Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county for a decree requiring the attorney general to apply the sum of $6,902, or so much thereof as might be necessary, deposited with him by defendant company> toward the payment and discharge of the judgments against that company which are mentioned in the second paragraph of the opinion, and to apply so much of the sum deposited with him by plaintiff company as might be necessary to pay in full the balance due the state on its…
Read the full summary
Action in the district court for Hennepin county for a decree requiring the attorney general to apply the sum of $6,902, or so much thereof as might be necessary, deposited with him by defendant company> toward the payment and discharge of the judgments against that company which are mentioned in the second paragraph of the opinion, and to apply so much of the sum deposited with him by plaintiff company as might be necessary to pay in full the balance due the state on its judgments against plaintiff company, and then to return to plaintiff the balance remaining in his hands. The attorney…
1Opinion of the CourtHolt, J.
The appeal presents the question whether, as between the surety for the purchaser of a state timber permit and the surety for his assignee, there is a primary liability. The court below held that, as between the two, the surety for the assignee who obtained the timber, but failed to pay the state therefor, was primarily liable.
In October, 1914, E. Sperling procured four permits or contracts from the state to cut and remove certain timber from its lands during the logging seasons of 1914, 1915 and 1916, at specified prices to be paid therefor. To secure performance he, with respondent as…
2Cases cited8 opinions
- Harris v. WarnerNew York Supreme Court · 1835
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
- Opp v. WardIndiana Supreme Court · 1890
- Chapeze v. YoungCourt of Appeals of Kentucky · 1888
- Young v. ShunkSupreme Court of Minnesota · 1883
3 more not listed; retrieve them via the Exa API.