Legal Opinion

Unted States ex rel. Van Clief v. Merrick

District Court, E.D. New York

Decided June 20, 1914Published

Action by the United States, to the use and benefit of William S. Van Clief', against Ernest Merrick, conducting business in the trade-name of the Merrick Fireproofing Company, and the Maryland Casualty Company.

1Opinion of the Court

CHATFIELD, District Judge.

The statute of August 13, 1894 (28 Stat. p. 278), as amended by the law of February 24, 1905 (33 Stat. p. 811), has been construed in numerous cases. In the present action, but one creditor has presented his claim. According to the record, no other creditor is known. An order was obtained dispensing with personal notice, of the pendency ’of this action for that reason. *257This order was made on the 3d day of May, 1913, and no “notice of publication” was given. The work was completed and settlement made by the 4th day of June, 1912, and the United States furnished the…

2Cases cited5 opinions

  1. United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
  2. Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
  3. Merchants' Nat. Bank of New Haven v. United States ex rel. SarioCourt of Appeals for the Second Circuit · 1914
  4. United States ex rel. Port Blakely Mill Co. v. Massachusetts Bonding & Ins.District Court, W.D. Washington · 1912
  5. United States ex rel. Hollinger v. StannardDistrict Court, M.D. Pennsylvania · 1913

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