Legal Opinion

Title Guaranty & Surety Co. v. Dutcher

District Court, W.D. Washington

Decided March 7, 1913No. 1,861PublishedCited by 13 opinions

In Equity. Suit by the Title Guaranty & Surety Company against William Dutcher and others. Decree for complainant.

1Opinion of the Court

CUSHMAN, District Judge.

This cause is now for decision upon an agreed statement of facts. The suit was brought by complainant, the surety upon a contractor’s bond, given the defendant, city of Aberdeen, to secure the performance of a contract for improving certain streets. Complainant’s prayer is that the city be enjoined from recognizing certain assignments made by the defendant contractor, and that it be required to pay the complainant all amounts due upon the contract.

The contract provided:

“(3) In consideration of the full performance of said work by said contractor, the said city agrees…

2Cases cited11 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
  4. Hardaway v. National Surety Co.Supreme Court of the United States · 1909
  5. First Nat. Bank of Seattle v. City Trust, Safe Deposit & Surety Co.Court of Appeals for the Ninth Circuit · 1902

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

3Cited by13 opinions

  1. Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
  2. Derby v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1917
  3. Levinson v. LindermanWashington Supreme Court · 1958
  4. Illinois Surety Co. v. MitchellCourt of Appeals of Kentucky · 1917
  5. Southern Surety Co. v. Merchants & Farmers BankIndiana Supreme Court · 1931

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

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