Searles v. City of Flora
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. On April 17, 1902, appellee, the city of Flora, for the use of A. L. Ide & Sons and the General Electric Company, began an action in debt in the circuit court of Cook county against the appellants, Aaron M. Searles and the National Surety Company.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honoré, Judge, presiding. On April 17, 1902, appellee, the city of Flora, for the use of A. L. Ide & Sons and the General Electric Company, began an action in debt in the circuit court of Cook county against the appellants, Aaron M. Searles and the National Surety Company. The evidence shows that on June 11, 1901, Aaron M. Searles submitted to the city council of the city of Flora a proposition to re-build, improve and enlarge its electric light…
1Opinion of the CourtJustice Wilkin
It is claimed on behalf of appellants that the bond was entered into for the sole use and benefit of the city of Flora, and that the surety company is therefore under no liability to any party other than the city. On the other hand, it is insisted by appellee that the bond and contract therein mentioned constitute-one instrument, and that the persons furnishing material under the said contract to the contractor, Searles, are entitled to recover for the same under the terms of the bond.
Undoubtedly, in the consideration of this issue the bond and contract must be considered as one instrument,…
2Cases cited6 opinions
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Parker v. JefferyOregon Supreme Court · 1894
- Spalding Lumber Co. v. BrownIllinois Supreme Court · 1898
- City of Sterling v. WolfIllinois Supreme Court · 1896
- Bristow v. LaneIllinois Supreme Court · 1859
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- Illinois State Toll Highway Commission Ex Rel. Patten Tractor & Equipment Co. v. M. J. Boyle & Co.Appellate Court of Illinois · 1962
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