Security Trust Co. v. Robb
U.S. Circuit Court for the District of New Jersey
Action at Law against Surety on Bond of Indemnity. On motions-for direction of verdict. The plaintiff, at the instance of the defendant, became surety on a replevin bond, and took a counter bond of indemnity in the sum of $15,000. The replevin having gone adversely to the defendant, suit was brought against the plaintiff on the replevin bond in the supreme court of New Jersey by the party to whom it was given, and a judgment recovered therein of $14,621.88, the 22d of…
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Action at Law against Surety on Bond of Indemnity. On motions-for direction of verdict. The plaintiff, at the instance of the defendant, became surety on a replevin bond, and took a counter bond of indemnity in the sum of $15,000. The replevin having gone adversely to the defendant, suit was brought against the plaintiff on the replevin bond in the supreme court of New Jersey by the party to whom it was given, and a judgment recovered therein of $14,621.88, the 22d of January, 1901. The defendant, Robb, had notice of this suit, and appeared and defended it by counsel. A writ of error to the…
1Opinion of the Court
ARCHBARD, District Judge1
(orally). There are some things that are clear in my mind in regard to this, and I confess that there are some things that are not. I am clear, for instance, that the Security Trust Company was not bound to prosecute the writ of error themselves. On the other hand, I am also clear that Mr. Robb, as surety on the replevin bond, was entitled to have the case reviewed by a writ of error, and that if the Security Trust Company did anything to impair that right it would, under the decisions which have been cited to me, have released Mr. Robb, the surety. The real question,…
2Cases cited2 opinions
- American Surety Co. v. BallmanU.S. Circuit Court for the District of Eastern Missouri · 1900
- Stark v. FullerSupreme Court of Pennsylvania · 1862
3Cited by2 opinions
- Stephens v. Pennsylvania Casualty Co.Michigan Supreme Court · 1903
- Security Trust Co. v. RobbCourt of Appeals for the Third Circuit · 1906