Stephenson v. Monmouth Min. & Mfg. Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of .Michigan. This is an action on the case against the plaintiffs in error, who were aider-men of the city of Menominee, Mich., for failure of the city council of Menominee, Mich., to require a contractor to execute a bond as required by Act No. 94, Laws Mich. 1883, being sections 8411a, 8411b, and 8411c, How. Ann. St. 'Mich., which are as follows: “8411a.
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In Error to the Circuit Court of the United States for the Western District of .Michigan. This is an action on the case against the plaintiffs in error, who were aider-men of the city of Menominee, Mich., for failure of the city council of Menominee, Mich., to require a contractor to execute a bond as required by Act No. 94, Laws Mich. 1883, being sections 8411a, 8411b, and 8411c, How. Ann. St. 'Mich., which are as follows: “8411a. The people of the state of Michigan enact, that when public buildings, or other public works, or improvements are about to be built, repaired or ornamented under…
1Opinion of the Court
After making the foregoing statement, the opinion of the court was-delivered by
LURTON, Circuit Judge.
Public officers having ministerial duties to perform, in which private individuals have a direct interest, are liable to such individuals for any injury sustained by them in consequence of the failure to perform such duties. Amy v. Supervisors, 11 Wall. 136-138; Add. Torts (1st Eng. Ed.) 458-463, et seq.; Cooley, Torts, 379; Ferguson *116v. Earl of Kinnoull, 9 Clark & F. 250; Raynsford v. Phelps, 48 Mich. 342, 5 N. W. 403; Teall v. Felton, 1 N. Y. 537; same case, in error, 12 How. 284-291;…
2Cases cited25 opinions
- United States v. HodsonSupreme Court of the United States · 1870
- United States v. TingeySupreme Court of the United States · 1831
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- United States v. LinnSupreme Court of the United States · 1841
- Amy v. The SupervisorsSupreme Court of the United States · 1871
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3Cited by8 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Southern Surety Co. v. United States Cast Iron Pipe & Foundry Co.Court of Appeals for the Eighth Circuit · 1926
- City of Cairo ex rel. Robinson v. SheehanAppellate Court of Illinois · 1912
- Waterous Engine Works Co. v. Village of ClintonSupreme Court of Minnesota · 1910
- People ex rel. Higley v. LaidlawMichigan Supreme Court · 1899
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