Civil Procedure II, Pages 672–673

Aetna Casualty & Surety Co. v. Cunningham

United States Court of Appeals for the Fifth Circuit, 1955


Plaintiff insured a contractor against incompletion of the project. The contractor failed to complete the contract, plaintiff funded another contractor, and plaintiff then sued the contractor to recover the $32,000 paid to the replacement contractor based on the contract providing for recovery and for fraud.

Procedural History:

The district court found for plaintiff on the contract claim but not on fraud. Both parties appealed.


Can a party appeal only seeking relief on different grounds?


Since bankruptcies can discharge a straight contract judgment but not some fraud liabilities, plaintiff would be aggrieved if it was denied this judgment.


When the denial of one claim results in the plaintiff not getting the relief it claims to be entitled to, it has a right to be heard on appeal.