Shelton v. American Surety Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
At Law. " :On motion for judgment for want of Sufficient affidavit of defense.
1Opinion of the Court
J. B. McPHERSON, District Judge.
This case arises upon the plaintiff’s statement of claim and the affidavit of defense that has been filed thereto. The facts which appear upon these papers, and, indeed, are undisputed, are as follows: The plaintiff, being about to alter a house, made a contract with a firm of builders, by which it was provid-, ed, inter alia, that the architect should value the work done and the materials furnished each month, and that 80 per cent, of his valuation should be paid to the builders. Under this provision $5,736.43 was paid in four installments. The builders then…
2Cases cited4 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Gato v. WarringtonSupreme Court of Florida · 1896
- Board of Com'rs v. BranhamU.S. Circuit Court for the District of Indiana · 1893
- Lucas County v. RobertsSupreme Court of Iowa · 1878
3Cited by6 opinions
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
- Shelton v. American Surety Co.Court of Appeals for the Third Circuit · 1904
- Equitable Surety Co. v. Board of Com'rs of Muddy Bottom Swamp Land Dist. No. 1Court of Appeals for the Fifth Circuit · 1916
- Pauly Jail Building & Manufacturing Co. v. CollinsWisconsin Supreme Court · 1909
- Porter v. HopeCourt of Appeals of Texas · 1926
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