People ex rel. Reynolds v. Banhagel
Michigan Supreme Court
Error to Ionia; Davis, J. Debt by the people of the State of Michigan, for the use and benefit of Alpheus Reynolds, surviving partner of the firm of Nichols & Reynolds, against Edward Banhagel, principal, and Seymour B. Gorham and Levi Marshall, sureties, upon a statutory bond. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error.
Read the full summary
Error to Ionia; Davis, J. Debt by the people of the State of Michigan, for the use and benefit of Alpheus Reynolds, surviving partner of the firm of Nichols & Reynolds, against Edward Banhagel, principal, and Seymour B. Gorham and Levi Marshall, sureties, upon a statutory bond. There was judgment for plaintiff on a verdict directed by the court, and defendants bring error. Edward Banhagel contracted, in writing, March 20, 1901, to' build a school house for $9,900. He gave the statutory1 bond to protect materialmen and laborers, with defendants Gorham and Marshall as sureties. Performance of…
1Opinion of the CourtOstrander, J.
(after stating the facts). We pass the objections made to receiving any evidence under the declaration and to receiving the bond and contract in evidence, as without merit. They are answered by an inspection of the declaration and by the undisputed evidence, to set out which would weary the reader without doing good. The contract and specifications were produced. The plan and the detail drawings appear to have been lost. The erection of the building in accordance with them is not a matter of dispute.
The matters deserving attention are three in number:(1) Have the sureties been released ?(2)…
2Cases cited7 opinions
- Simonson v. GrantSupreme Court of Minnesota · 1887
- Conn v. State ex rel. StutsmanIndiana Supreme Court · 1890
- Kerr-Murray Manufacturing Co. v. Kalamazoo Heat, Light & Power Co.Michigan Supreme Court · 1900
- Steffes v. LemkeSupreme Court of Minnesota · 1889
- People ex rel. Winkle Terra-Cotta Co. v. CotteralMichigan Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chicago Bonding & Surety Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1919
- Des Moines Bridge & Iron Works v. Marxen & RokahrNebraska Supreme Court · 1910
- People ex rel. Buhl Sons Co. v. FinnMichigan Supreme Court · 1910
- People Ex Rel. Towner Hardware Co. v. MorrisonMichigan Supreme Court · 1924
- People ex rel. Kuenzel v. National Construction Co.Michigan Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.