Legal Opinion

Equitable Surety Co. v. Illinois Surety Co.

Supreme Court of South Carolina

Decided January 28, 1919No. 10141Published

Before Memminger, J., Richland, Spring term, 1918. Action by the Equitable Surety Company against the Illinois Surety Company and others. Directed verdict for plaintiff, and the United States Fidelity & Guaranty Company appeals. cites: As to exoneration of appellant: 159 App. Div.

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Before Memminger, J., Richland, Spring term, 1918. Action by the Equitable Surety Company against the Illinois Surety Company and others. Directed verdict for plaintiff, and the United States Fidelity & Guaranty Company appeals. cites: As to exoneration of appellant: 159 App. Div. (N. Y..) 542. The law of Suretyship, Sterns, p. 515, sec. 271; sec. 263 and page 515, 'same work; 125 Ind. 241; 24 N. E. 974; 15 Ohio State 200; 32 Cyc., p, 18; Brandt on Suretyship and Guaranty (2d Ed.), sections 262, 450, 451, also 280; A. & E. Ency. of Daw, p. 225; Brandt on Suretyship (3d Ed.), sections 288, 289…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Eraser.

The Illinois Surety Company was for a while doing business in this State. The statutes of this State require a foreign surety company, doing business in this State, to file with the insurance commissioner an approved bond or approved securities, in the sum of $10,000. The Illinois Surety Company filed a bond with the United States Fidelity & Guaranty Company as surety. A suit was brought in the Federal Court in this State upon a contract upon which the Illinois Surety Company was surety, and judgment was obtained against the company.…

2Cases cited4 opinions

  1. Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
  2. Illinois Surety Co. v. United States ex rel. PeelerCourt of Appeals for the Fourth Circuit · 1914
  3. Equitable Surety Co. v. Illinois Surety Co.Supreme Court of South Carolina · 1918
  4. Garvin v. GarvinSupreme Court of South Carolina · 1887

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