Legal Opinion · Dissent

Price v. Price

West Virginia Supreme Court

Decided February 27, 1940No. 8978Published

1DissentFox, Judge

I respectfully dissent from the opinion of the majority of the Court in this case because I believe it violates a sound principle of public policy of vital importance to every one who deals with public officials required to execute a bond.

Under the majority opinion, and from this time on, the security of official bonds in this state, heretofore, as I be lieve, assumed to be for the benefit of all those entitled to rely thereon upon a basis of entire equality, will, in cases where liability exceeds the penalty of the bond, be limited to those who, by reason of superior information, alertness…

2Cases cited9 opinions

  1. Lippitt v. Thames Loan & Trust Co.Supreme Court of Connecticut · 1914
  2. Guffanti v. . National Surety Co.New York Court of Appeals · 1909
  3. Livingstain v. Columbian Banking & Trust Co.Supreme Court of South Carolina · 1907
  4. American Surety Co. of New York v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1899
  5. National Surety Co. v. GravesSupreme Court of Alabama · 1924

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