United States Ex Rel. Alexander Bryant Co. v. New York Steam Fitting Co.
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts, which involve the construction of the Materialmen’s Acts of 1894 and 1905, are stated in the opinion. The construction of the act of Congress of February 24, 1905, is involved in the question as to jurisdiction which is certified to this court. The third proviso of the act of Congress of February 4, 1905, is directory and not mandatory or jurisdictional.
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts, which involve the construction of the Materialmen’s Acts of 1894 and 1905, are stated in the opinion. The construction of the act of Congress of February 24, 1905, is involved in the question as to jurisdiction which is certified to this court. The third proviso of the act of Congress of February 4, 1905, is directory and not mandatory or jurisdictional. When one section of a statute treats specifically and solely of a matter, that section prevails in reference to that matter. Long v. Culp, 14…
1Opinion of the CourtJustice McKenna
The United States, suing for the use of the Alexander Bryant Company, plaintiff in error, was plaintiff in the court below, and the defendants in error defendants.
The complaint alleged the following facts: the New York Steam Fitting Company, entered into a contract with the United States-for the mechanical equipment of the New York Custom House at New York. It gave bond for the faithful performance of its contract with defendant in error, The Title Guaranty and Surety Company as surety. One of the conditions of the bond was that the Steam Fitting Company would, among other things, .promptly…
2Cases cited1 opinion
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
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- Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
- Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
- American Bonding Co. v. United StatesCourt of Appeals for the Third Circuit · 1916
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