Legal Opinion

Fidelity & Deposit Co. v. United States ex rel. Smoot

District of Columbia Court of Appeals

Decided June 23, 1902No. 1205PublishedCited by 2 opinions

Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia, upon a motion of tbe plaintiff for judgment under tbe Seventy-tbird Rule of tbat court for want of a sufficient affidavit of defense, in an action on a building contractor’s bond. Tbe facts are sufficiently stated tbe opinion.

1Opinion of the CourtJustice Shepard

delivered tbe opinion of tbe Court:

Tbe appellant, Tbe Fidelity and Deposit Company of Maryland, is a surety company authorized to become surety on bonds given by contractors for public works in tbe District of Columbia, and appeals from a summary judgment rendered against it under tbe Seventy-tbird Rule of tbe Supreme Court of tbe District.

Tbe bond was executed by appellant as surety for one Peyton D. Vinson, witb wbom a contract for certain public *378work had been entered into by the District Commissioners, and which, in addition to securing the faithful performance of said contract, was…

2Cited by2 opinions

  1. Royal Indemnity Co. v. Woodbury Granite Co.Court of Appeals for the D.C. Circuit · 1938
  2. Goudie v. William Norwitz Co.District of Columbia Court of Appeals · 1971

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