Williams v. Keyes
| Decision Date | 10 March 1942 |
| Docket Number | No. 9913.,9913. |
| Citation | 125 F.2d 208 |
| Parties | WILLIAMS et al. v. KEYES et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
J. M. Flowers, of Miami, Fla., and Sol Weiss, of New Orleans, La., for appellants.
M. Lewis Hall, E. B. Kurtz, and W. L. Reed, all of Miami, Fla., and Louis C. Guidry, of New Orleans, La., for appellees.
Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.
Kenneth S. Keyes and others, the successful litigants in an action in Florida, filed suit in the State Court against United States Fidelity and Guaranty Company of Baltimore, Maryland, the surety upon a supersedeas bond. The bond was signed by the surety company and by the principals, Robert R. Williams, "As Mayor-Commissioner of City of Miami, Florida"; John W. DuBose, "As Commissioner of City of Miami, Florida"; Ralph B. Ferguson, "As Commissioner of City of Miami, Florida"; and Anna M. Perry, "As Commissioner of City of Miami, Florida". Suit upon the bond was filed solely against the surety company which in due time filed petition for removal setting up the fact that plaintiffs were citizens of Florida, and that it was a non-resident defendant. The suit was thereupon removed to the United States District Court.
After removal of the cause, the defendant surety company acting under the provisions of Rule 14(a) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, filed its complaint and brought Williams, Ferguson, DuBose, and Perry into the cause as third-party defendants. In its complaint the company alleged that the third-party defendants were liable as principals upon the bond; and further that at the time of the execution of the bond each of them had entered into contract whereby they agreed to "indemnify and save harmless United States Fidelity and Guaranty Company from all loss or damage which it might sustain by reason of its execution of said supersedeas bond as surety". These four separate indemnity agreements, which had been signed by the parties in their individual capacities, were filed as exhibits and made a part of the third-party complaint.
The third-party defendants filed a motion to remand the cause to the state court on the ground that the controversy was not one wholly between citizens of different states. They contended that they, like plaintiffs, were citizens of Florida, and that the liability of the bond obligors "if any, is joint and not a several liability". They further moved to dismiss the suit, alleging that the complaint failed to state a claim, and that the court lacked jurisdiction over the subject matter of the suit. The motion to remand was denied, and without further material pleadings the cause proceeded to trial. The jury found the issues in favor of the plaintiffs and assessed damages against the surety company in the sum of $4,356. The jury also returned a verdict for $4,356 in favor of the surety company against the third-party defendants. Pursuant to these verdicts judgments were entered, and the third-party defendants have appealed.
The appellants contend here as they did below that the obligation of the principals and surety was joint, not joint and several; that the plaintiffs, Keyes and others, were bound under Florida law to sue all the joint obligors; and that since they were citizens of...
To continue reading
Request your trial
-
Amico v. New Castle County
...caused many courts to overcome procedural technicalities while ruling on the merits and dispensing substantial justice. Williams v. Keyes, 125 F.2d 208 (5th Cir. 1942), cert. denied, 316 U.S. 699, 62 S.Ct. 1297, 86 L.Ed. 1768 (1942). See also Ark-Tenn Distributing Corp. v. Breidt, 209 F.2d ......
-
Shannon v. Massachusetts Bonding & Ins. Co.
...Katz & Co., Inc. et al., D.C., 55 F.Supp. 1000; Davis v. Associated Indemnity Corporation, (Daniels), D.C., 56 F.Supp. 541; Williams v. Keyes, 5 Cir., 125 F.2d 208, certiorari denied 316 U.S. 699, 62 S.Ct. 1297, 86 L.Ed. 1768; Lesnik v. Public Industrial Corporation, 2 Cir., 144 F.2d 968, 9......
-
Lesnik v. Public Industrials Corporation
...any of these cases have reached the appellate courts; perhaps the only appellate decisions which appear instructive are Williams v. Keyes, 5 Cir., 125 F.2d 208, certiorari denied 316 U.S. 699, 62 S.Ct. 1297, 86 L.Ed. 1768, holding the district court not ousted of jurisdiction when the defen......
-
Dery v. Wyer
...709, certiorari denied 347 U.S. 975, 74 S.Ct. 766, 98 L.Ed. 1115; Sheppard v. Atlantic States Gas Co., 3 Cir., 167 F.2d 841; Williams v. Keyes, 5 Cir., 125 F.2d 208, certiorari denied 316 U.S. 699, 62 S.Ct. 1297, 86 L.Ed. 1768. Cf. American Fidelity & Casualty Co. v. Owensboro Milling Co., ......