Response or Comment
In the recent case of R. P. Williams, et al. v. United States Fidelity and Guaranty Company, 35 Sup. Ct. 289, the United States Supreme Court has at last passed upon a question that has vexed the courts ever since the enactment of the Bankruptcy Act of 1898. As stated by the Supreme Court, the question is this: "Does a discharge in bankruptcy acquit an express obligation of the principal to indemnify his surety against loss by reason of their joint bond conditioned to secure his faithful performance of a building contract broken prior to the bankruptcy when the surety paid the consequent damage thereafter?" and the question was answered in the affirmative, reversing the decision of the Court of Appeals of Georgia (11 Ga. App. 635).
Holbrook, Evans. "Discharge in Bankruptcy of Principal's Inchoate Obligation to Indemnify His Surety." Mich. L. Rev. 13 (1915): 500-3.