Massachusetts Bonding & Insurance v. Realty Trust Co.
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. June 27, 2S, 1912. . The Eealty Trust Company filed a petition against H. L. Stevens, tlie Massachusetts Bonding & Insurance Company, and a number of other defendants, alleging, among others, the following facts: Stevens contracted to erect a building for the plaintiff for the sum of $160,00Q. The Massachusetts Bonding & Insurance Company became surety on his bond for the faithful performance of the contract.
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Equitable petition. Before Judge Pendleton. Eulton superior court. June 27, 2S, 1912. . The Eealty Trust Company filed a petition against H. L. Stevens, tlie Massachusetts Bonding & Insurance Company, and a number of other defendants, alleging, among others, the following facts: Stevens contracted to erect a building for the plaintiff for the sum of $160,00Q. The Massachusetts Bonding & Insurance Company became surety on his bond for the faithful performance of the contract. Under the contract, monthly payments were made to the contractor, on certificates of the architect, until it was…
1Opinion of the CourtLumpkin, J.
In the same ease two bills of exceptions .were filed, one by the Massachusetts Bonding and Insurance Company and one by the Realty Trust Company. Both grew out of the same litigation, each involves certain questions which are common to both, and the two are so correlated that they can not be properly decided separately. We therefore deal with them together.
1. In the case of the Massachusetts Bonding and Insurance Company against the Realty Trust Company et al., a motion was made to dismiss the writ of error, on the grounds, that it was prematurely brought, it appearing that the case is still…
2Cases cited12 opinions
- Booth v. StateSupreme Court of Georgia · 1908
- Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
- Montgomery v. KingSupreme Court of Georgia · 1906
- Augusta Factory v. DavisSupreme Court of Georgia · 1891
- Jordan v. JordanSupreme Court of Georgia · 1854
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3Cited by23 opinions
- Cohran v. CarlinSupreme Court of Georgia · 1982
- Dugas v. DugasSupreme Court of Georgia · 1946
- Turner v. HarperSupreme Court of Georgia · 1975
- City of Cedartown v. PickettSupreme Court of Georgia · 1942
- Branch v. BranchSupreme Court of Georgia · 1942
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