THE FIDELITY & CASUALTY COMPANY OF NEW YORK, APPELLANT,
v.
COLEY & PETERSON, INC., OF VIRGINIA, APPELLEE
THE FIDELITY & CASUALTY COMPANY OF NEW YORK, APPELLANT,
COLEY & PETERSON, INC., OF VIRGINIA, APPELLEE
99 Fla. 327
Florida Supreme Court (1930)
Caution
Also reported at: 126 So. 157
Cited by 9 cases
Opinion of the Court
Per Curiam.
In this case the same question is presented as in The Fidelity & Casualty Company of New York v. D. N. Morrison Company, Inc., of Virginia, decided at this term. Upon authority of that case, the order appealed from herein is reversed and the cause remanded with like directions.
Reversed.
Whitfield, P. J., aíüd Strum and Buford, J. J., concur. Terrell, C. J., and Ellis, J., concur in the opinion and judgment.
Brown, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fid. & Cas. Co. of N.Y. v. D. N. Morrison Const. Co. of Va., 116 Fla. 66 (Fla. 1934)…fendant to the chancery causes,' but disclaimed liability on the bond. Its objections were overruled and appeal therefrom was taken to this Court. See Fidelity, and Casualty Co. v. D. N. Morrison Construction Company, Inc., of Virginia, 99 Fla. 309, 126 So. 157; In the last cited case this Court held that a bond given under Section 3532, Revised General Statutes of 1920, is not substituted for the land on which the improvement is made in the sense that equity may proceed against the bond as it could again…
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Regan v. Davis, 97 So. 2d 324 (Fla. 2d DCA 1957)…ion was unknown at common law as well as in this country. Some respectable authority is cited for this assertion. We do not feel that the question is open in this state however since it was held in the affirmative in Garsed v. Sugarman, 99 Fla. 191, 126 So. 157; Quigg v. Helm, 119 Fla. 693, 161 So. 55. Hunter Lyon, Inc., v. W. H. Walker, Fla., 11 So. 2d 176, opinion filed December 11, 1942. A comprehensive discussion of this question will be found in Chapter XVI, Carson’s Revised Edition Florida Common Law…
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Carlton W. Faulk v. Allen, 152 Fla. 413 (Fla. 1943)…unknown at common law as well as in this country. Some respectable authority is cited for this assertion. We do not feel that the question is open in this state however since it was held in the-affirmative in Garsed v. Sugarman, et al., 99 Fla. 191, 126 So. 157; Quigg v. Helm, et al., 119 Fla. 693, 161 So. 55. Hunter Lyon, Inc., v. W. H. Walker, et al., 152 Fla. 61, 11 So. (2nd) 176, opinion filed December 11, 1942. A comprehensive discussion of this question will be found in Chapter XVI, Carson’s Revised…
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