United States ex rel. District of Columbia v. Bayly
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action upon a bond.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia sustaining a demurrer to the declaration in an action upon a bond. The Court in. the opinion stated the facts as follows: The District of Columbia, plaintiff below, appeals from the judgment of the Supreme Court of the District of Columbia entered upon a sustained demurrer interposed by defendant, Fidelity and Deposit Company of Maryland, to a declaration in which plaintiff seeks to recover upon a bond given to secure the performance of the conditions of a contract between plaintiff and one…
1Opinion of the CourtJustice Yan Orsdel
Plaintiff in the declaration specifically bases its right of recovery upon what it calls in the first count the renewed contract. It is alleged that on “the thirtieth day of April, 1907, the Commissioners of the District of Columbia, exercised the privilege of renewing said contract and did renew the same for a period from August 1st, 1907, to June 30, 1910.” In the second count it is alleged that plaintiff, through its proper officers, on April 30, 1907, exercised the right of continuing said contract in force for the further period of two years and eleven months.
It will be observed that,…
2Cases cited10 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
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3Cited by2 opinions
- Paige International, Inc. v. Xl Speciality Insurance CompanyDistrict Court, District of Columbia · 2017
- Eberman v. Massachusetts Bonding & Ins.District of Columbia Court of Appeals · 1945