No. 3831 Precedential Processed

McCall v. United Bonding Insurance

Louisiana Court of Appeal, First Circuit · Filed March 9, 1970 · 232 So. 2d 913

Also decided on this docket: La. Ct. App. 1st Cir., January 29, 1954 72 So. 2d 762; La. Ct. App. 1st Cir., December 23, 1930 131 So. 697; La. Ct. App. 1st Cir., June 13, 1906 3 Teiss. 471; La., May 15, 1872 24 La. Ann. 382; La. Ct. App. 3d Cir., May 10, 1972 262 So. 2d 132

Cited by

Stephen Amedee & Tanya Amedee v. Aimbridge Hospitality Llc D/b/a Embassy Suites New Orleans … La. 2022
Johnston v. Lloyds Ins. Co. 853 So. 2d 738 La. Ct. App. 2d Cir. 2003

Opinion text

REDMANN, Judge (concurring). The Clerk of Court can only be liable if he cancelled liens without a proper bond, and then only to the extent a third party is injured thereby. If the bond surety’s liability is only $10,000, the clerk’s liability can only be for the excess. If the bond surety’s liability is for the full amount of liens, the clerk is not liable at all. In neither case can the clerk and the surety “be obliged to the same thing”, which is the definition of a solidary obligation, LSA-C.C. art. 2091. The circumstance that one coobligor’s obligation arises from tort, another’s from contract, does not affect the solidarity if it otherwise exists, as in the case of the solidary obligation of a tort-feasor and his insurer towards an injured third person.