# Board of Public Instruction v. Knott

> Supreme Court of Florida · October 1, 1932 · 106 Fla. 869

URL: https://www.frixlaw.com/law-library/cases/3390020

## Case

- **Full name:** Board of Public Instruction of Dade County, Florida, a Corporation, Appellant, vs. W. v. Knott, as State Treasurer and Ex Officio Insurance Commissioner of the State of Florida; Southern Surety Company of New York, a Foreign Corporation; P. F. Connelly, Doing Business as P. F. Connelly Paving Company, Et Al., Appellees
- **Court:** Supreme Court of Florida
- **Decided:** October 1, 1932
- **Citations:** 106 Fla. 869; 143 So. 735
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Davis, Whitfield, Terrell, Buford, Ellis, Brown
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3390020

## Opinion text

Brown, J.,
concurring specially.—I am inclined to the view that Sections 6302-6303 contemplate solvent going
*873
concerns. When a surety company becomes insolvent and is placed in the hands of a receiver, it would seem that the funds on deposit with the State Treasurer become a trust fund for the private benefit of all citizens of the State who hold lawful claims. Subject however, to the privity of judgments obtained, as in this case, before the receivership, where the State Treasurer was notified as provided in the Statute. That would protect Connelly’s judgment, but leave the remaining funds for distribution under the order of a court of equity, subject to the adjudication by such court of the question of priorities and private distribution, according to the law and the facts.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3390020. Public record. Not legal advice.