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U.S. FIDELITY & GUARANTY CO. V. SANDOVAL, 223 U. S. 227 (1912)

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U.S. Supreme Court

U.S. Fidelity & Guaranty Co. v. Sandoval, 223 U.S. 227 (1912)

United States Fidelity and Guaranty Company v. Sandoval

No. 125

Submitted December 18, 1911

Decided February 19, 1912

223 U.S. 227


Payment by a surety company of the amount of a supersedeas bond after affirmance of the judgment by the Supreme Court of the territory and notice by the Governor of the nonpayment by the principals and that, unless the judgment were paid forthwith, or excuse for nonpayment shown, the company would forfeit its right to transact business in the territory, is not a voluntary payment even if the Governor had no power to revoke the license, no ruling to such effect having been made prior to the payment.

The fact that an appeal was subsequently taken by the judgment debtors to this Court from the judgment, and that, on payment thereof, the surety company took security for repayment from the judgment creditor in the case of reversal, does not diminish the right of the surety company to collect from the principals the amount of the debt and all of its expenses as agreed in the application for the bond.

This Court will take notice of its own decision in determining the rights of surety and principal on a supersedeas bond given to secure a judgment which was subsequently affirmed by this Court.

12 Ariz. 348, reversed.

The facts are stated in the opinion.

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