United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ewen v. American Fidelity Co., 261 U.S. 322 (1923)

Ewen v. American Fidelity Company

No. 92

Argued March 1, 1923

Decided March 12, 1923

261 U.S. 322

Syllabus

A surety company organized under Illinois Rev.Stats., 1917, c. 32, § 102f, et seq., is thereby expressly made subject to the Act of April 18, 1872, governing corporations for pecuniary profit, and under § 12 of that act, its dissolution does not take away or impair any remedy given against the corporation for liabilities incurred previously to its dissolution. P. 261 U. S. 324.

Held, therefore, that a New York attachment suit against an Illinois surety company did not fall by reason of the company's dissolution in proceedings in Illinois and lapse of time, claimed to have extinguished the corporation for all purposes.

271 F.8d 8 reversed.

Certiorari to a judgment of the circuit court of appeals affirming a judgment for the respondent in an action brought against it as surety on an undertaking in attachment.

Page 261 U. S. 323