Fidelity & Deposit Co. v. United States ex rel. Fowden
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Action by the United States, to the use of William T. Fowden, against the Fidelity & Deposit Company, -in which J. J. Witman intervened. Judgment for Witman, and defendant brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
In August, 1912, the Fidelity & Deposit Company of Maryland became surety in the penal sum of $18,-000 on the bond of J. W. Emery, who had contracted to do certain work for the government. Complying with the federal statutes, the-bond provided, inter alia, that Emery should “promptly make payment to all persons supplying labor or materials -in the prosecution of the work contemplated by said contract.” Emery settled finally with the government on March 13, 1914, but on that date he was (and still is) indebted to several subcontractors that had furnished materials.…
2Cited by4 opinions
- Pederson v. United States ex rel. Washington Iron WorksCourt of Appeals for the Ninth Circuit · 1918
- United States ex rel. Farwell, Ozmun, Kirk & Co. v. Shea-Adamson Co.District Court, D. Minnesota · 1937
- United States Ex Rel. Brady's Floor Covering, Inc. v. BreedenDistrict Court, D. Alaska · 1953
- Union Indemnity Co. v. State Ex Rel. BeasleySupreme Court of Alabama · 1930