Legal Opinion

Freeman v. Berkey

Supreme Court of Minnesota

Decided February 27, 1891PublishedCited by 7 opinions

Appeal by defendant Berkey, one of the sureties in the bond considered in the opinion, from an order of the district court for Ramsey county, refusing a new trial after a trial by Brill, J., (a jury being waived,) and judgment of $1,681.51 ordered for plaintiff.

1Opinion of the CourtVanderburgh, J.

This action is brought against the defendants Berkey and others upon a contractor’s bond by them made and executed to the city of St. Paul, in pursuance of section 213, p. 110, of the city charter, (Sp. Laws 1881, c. 93, § 9,) to secure the payment by Murray & Folsom, principals in the bond, of all claims for work performed and materials furnished for and on account of a certain contract entered into by them with the city of St. Paul for paving and curbing a certain street in that city. The charter provision referred to secures a right- of action to third persons upon such bond for work and…

2Cases cited1 opinion

  1. City of St. Paul v. ButlerSupreme Court of Minnesota · 1883

3Cited by7 opinions

  1. United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
  2. National Surety Co. v. George E. Breece Lumber Co.Court of Appeals for the Tenth Circuit · 1932
  3. United States Fidelity & Guaranty Co. v. Burton Lumber Co.Court of Appeals of Texas · 1920
  4. Mathews v. GarmanMichigan Supreme Court · 1896
  5. School District No. 45 v. HallockOregon Supreme Court · 1917

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