Legal Opinion
Boyd v. Royal Indemnity Co.
Ohio Supreme Court
Decided March 15, 1933No. 23801PublishedCited by 5 opinions
1Opinion of the CourtAllen, J.
It is conceded that when a valid lien has been released without notice to or knowledge of the surety securing the debt also secured by the lien, the surety is then released from liability under the bond for the amount covered by such lien. This is the general rule. Stearns on Suretyship (2d Ed.), Section 98, page 137; Day v. Ramey, 40 Ohio St., 446; Southern Surety Co. v. Merchants’ & Farmers’ Bank of Avilla (Ind. App.), 161 N. E., 842.
The second defense of the surety company shows, and it is conceded that the plaintiff in error here did relinquish a lien upon public funds established under…
2Cases cited2 opinions
- Evans v. LawyerOhio Supreme Court · 1930
- Conroy Bros. v. J. J. Duggan & BrotherOhio Court of Appeals · 1923
3Cited by5 opinions
- Inland-Ryerson Construction Products Co. v. Brazier Construction Co.Court of Appeals of Washington · 1972
- Talco Capital Corp. v. State Underground Parking Commn.Ohio Court of Appeals · 1974
- Mid-Continent Refrigerator Co. v. WhittersonOhio Court of Appeals · 1972
- McWane, Inc. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Sixth Circuit · 2004
- Mcwane, Inc. v. Fidelity & Deposit Company Of MarylandCourt of Appeals for the Sixth Circuit · 2004