Legal Opinion

Northern Light Lodge, No. 1 v. Kennedy

North Dakota Supreme Court

Decided December 2, 1897PublishedCited by 9 opinions

Appeal from District Court, Cass County; McConnell, J. Suit by the Northern Light Lodge, No. 1, I. O. O. F., and Frank Marsh and others, trustees, against M. W. Shanley and T. Mournin, co-partners, and James Kennedy and others as sureties, to recover upon a bond. From the judgment for plaintiffs, defendants appeal. The contract provided that no alterations should be made in the work except on a written order of the architects.

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Appeal from District Court, Cass County; McConnell, J. Suit by the Northern Light Lodge, No. 1, I. O. O. F., and Frank Marsh and others, trustees, against M. W. Shanley and T. Mournin, co-partners, and James Kennedy and others as sureties, to recover upon a bond. From the judgment for plaintiffs, defendants appeal. The contract provided that no alterations should be made in the work except on a written order of the architects. This provision was a condition precedent to the making of any changes and is material to holding the sureties on the bond. Bishop on Contracts; 1422; Drake v. Hill, 53…

1Opinion of the CourtBartholomew, J.

The plaintiff the Northern Light Lodge, No. 1, I. O. O. F., is a corporation. The defendants- Shanley & Mournin were co-partners as building contractors. In June, 1894, *149the plaintiff entered into written contract with said Shanley & Mournin for the erection of a certain building in the City of Fargo. To secure the faithful performance of the contract-upon their part, Shanley & Mournin gave the usual bond in such cases, with the defendants Kennedy, O’Neil,- and Elliott as sureties. Plaintiff brought suit upon the bond. The sureties alone defended, their main defense being such a change in the…

2Cases cited8 opinions

  1. Belloni v. . FreebornNew York Court of Appeals · 1875
  2. Beers v. WolfSupreme Court of Missouri · 1893
  3. Consaul v. SheldonNebraska Supreme Court · 1892
  4. De Mattos v. JordanWashington Supreme Court · 1896
  5. Kohler v. . MatlageNew York Court of Appeals · 1878

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
  2. Standard Accident Insurance v. BearSupreme Court of Florida · 1938
  3. Narveson v. SchmidNorth Dakota Supreme Court · 1951
  4. Bartlett & Kling v. Illinois Surety Co.Supreme Court of Iowa · 1909
  5. United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899

4 more not listed; retrieve them via the Exa API.

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