Aetna Casualty & Surety Co. v. Cunningham
View opinion on Lexis AdvanceFacts:
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.
Issue:
Can a party appeal only seeking relief on different grounds?
Reasoning:
Since bankruptcies can discharge a straight contract judgment but not some fraud liabilities, plaintiff would be aggrieved if it was denied this judgment.
Rule/Holding:
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.