Carnegie, Phipps & Co. v. Hulbert
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. On the 26th of February, 1890, Richards & Co., a firm of building contractors, entered into a contract with the county of Montgomery, Iowa, for the erection of a courthouse for the county.
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In Error to the Circuit Court of the United States for the District of Nebraska. On the 26th of February, 1890, Richards & Co., a firm of building contractors, entered into a contract with the county of Montgomery, Iowa, for the erection of a courthouse for the county. Afterwards Richards & Co. entered into several contracts with Carnegie, Phipps & Co., the plaintiffs in error, whereby the plaintiffs in error undertook to furnish and put in place materials for building the courthouse. On the 2d day of February, 1891, while the plaintiffs in error were engaged in performing these contracts,…
1Opinion of the CourtCaldwell, Circuit Judge
The contention of the defendants in error is that the bond is void because it was not executed to the county as the obligee, and for a penalty, and with conditions, and was never delivered and approved, and that the sureties thereon were ineligible to become such. The plaintiffs in error maintain (1) that the bond is a good statutory bond, and (2) that, if this is not so, it is a good common-law bond, and (3) that, if it is neither a good statutory nor common-law bond, the facts found by flu» jury estop the defendants from contesting their liability thereon to the plaintiffs in error. It is…
2Cases cited14 opinions
- United States v. HodsonSupreme Court of the United States · 1870
- Storm v. United StatesSupreme Court of the United States · 1877
- United States v. LinnSupreme Court of the United States · 1841
- Bowden v. BurnhamCourt of Appeals for the Eighth Circuit · 1894
- Ferguson v. LandramCourt of Appeals of Kentucky · 1868
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- In re Plymouth Cordage Co.Court of Appeals for the Eighth Circuit · 1905
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Interstate Refineries, Inc. v. BarryCourt of Appeals for the Eighth Circuit · 1925
22 more not listed; retrieve them via the Exa API.