First Nat. Bank of Seattle v. City Trust, Safe Deposit & Surety Co.
Court of Appeals for the Ninth Circuit
Appeal from and in Error to the Circuit Court of the United States for the Northern Division of the District of Washington.
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Appeal from and in Error to the Circuit Court of the United States for the Northern Division of the District of Washington. The appeal in this case is taken from an order dismissing the bill of intervention of the appellant, the First National Bank of Seattle, in a suit, begun by the City Trust, Safe Deposit & Surety Company of Philadelphia against Frank H. Paul, as comptroller of the city of Seattle, to compel the issuance of city warrants to the complainant in the hill for work done upon a contract for a city improvement, which contract had been made between McCauley & Delaney, contractors,…
1Opinion of the CourtGilbert, Circuit Judge
The appellant earnestly contends that its bill of intervention presents ground for equitable relief at least as to $2,747, or 70 per cent, of $3,924.31, the amount which the city admitted to have been the value of the work done by the contractors at the time when they abandoned their contract; and it insists that the sum of $2,747 *s beyond any doubt payable to it under its assignment; that that sum was earned by the contractors by work done in a public improve*531ment which was accepted by the city, and for which the city stood ready to pay, notwithstanding that -claims and liens for work done…
2Cases cited2 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Dowling v. City of SeattleWashington Supreme Court · 1900
3Cited by50 opinions
- Farmers' Bank v. HayesCourt of Appeals for the Sixth Circuit · 1932
- Northern Trust Co. v. Consolidated Elevator Co.Supreme Court of Minnesota · 1919
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Town of River Junction v. Maryland Casualty Co.Court of Appeals for the Fifth Circuit · 1940
- Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
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