American Bonding Co. of Baltimore v. Alcatraz Const. Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the South-, ern District of New York; James'P. Platt, Judge. ■ Action at law by the American Bonding Company of Baltimore against the Alcatraz' Construction Company. Judgment for defendant, and plaintiff brings error.
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In Error to the District Court of the United States for the South-, ern District of New York; James'P. Platt, Judge. ■ Action at law by the American Bonding Company of Baltimore against the Alcatraz' Construction Company. Judgment for defendant, and plaintiff brings error. The action >vas brought by the plaintiff to recover $18,135.65 alleged to have been paid by it as surety for the defendant upon bonds given by the latter to different municipalities to secure the performance of certain contracts containing provisions guaranteeing the condition of, and agreeing to keep in repair, streets.…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). [1] The trial court excluded the plaintiff’s proof as to the first cause of action because it held that the indemnity agreement sued upon was so uncertain as to be invalid. The agreement was duly dated and executed and was attached to a bond application. The agreement itself is full and complete except that the amount of the premium to be paid is not filled in. It refers to the “bond herein applied for.” The application form, however, contains many unfilled blanks and it cannot be said that any particular bond is described. But the application is for bonds.…
2Cited by12 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Carroll v. National Surety Co.Court of Appeals for the D.C. Circuit · 1928
- Fidelity & Casualty Co. of New York v. HarrisonCourt of Appeals of Texas · 1925
- United States Fidelity & Guaranty Co. v. JonesCourt of Appeals for the Fifth Circuit · 1937
- Illinois Surety Co. v. MaguireWisconsin Supreme Court · 1914
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