Legal Opinion

Cobb Bank & Trust Company v. American Manufacturers Mutual Insurance Company, and Third-Partyplaintiff-Appellee, Omnibus Group, Inc., Third-Party

Court of Appeals for the Third Circuit

Decided August 22, 1980No. 78-3765PublishedCited by 8 opinions

1Per curiam

American Manufacturer’s Mutual Insurance Company, as surety, issued a guarantee bond for a note from Omnibus Group, Inc. to Getty-Grafton and/or assigns. Getty-Grafton failed to fund the note and assigned the bond to Cobb Bank and Trust, who used it to guarantee a new note from Omnibus to Cobb. Cobb sued the surety on the guarantee when Omnibus failed to repay the loan, and the surety denied liability. The Court below found the Cobb note was not guaranteed by the Getty-Grafton bond and on this basis found the surety not liable on the Cobb note. Cobb Bank and Trust Company appeals, and we…

2Cases cited4 opinions

  1. Peerless Casualty Company v. Housing Authority of the City of Hazelhurst, GeorgiaCourt of Appeals for the Fifth Circuit · 1955
  2. American Casualty Company of Reading, Pennsylvania v. Thomas T. Irvin, as Trustee, Etc.Court of Appeals for the Fifth Circuit · 1970
  3. Healey v. MorganCourt of Appeals of Georgia · 1975
  4. Davis v. Atlanta National BankSupreme Court of Georgia · 1881

3Cited by8 opinions

  1. Robert J. Keaten v. The Paul Revere Life Insurance Company, a Massachusetts CorporationCourt of Appeals for the Fifth Circuit · 1981
  2. Sunrizon Homes, Inc. v. American Guaranty Investment Corp.Supreme Court of Oklahoma · 1989
  3. Gregoire v. Lowndes BankWest Virginia Supreme Court · 1986
  4. Ideal Mutual Insurance v. LucasDistrict Court, N.D. Georgia · 1983
  5. Georgia Vegetable Co., Inc. v. Joseph A. Relan, D/B/A Relan Produce FarmsCourt of Appeals for the Eleventh Circuit · 1984

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