Columbia Digger Co. v. Sparks
Court of Appeals for the Ninth Circuit
In Error to tbe District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action at law by the Columbia Digger Company against M. R. Sparks and C. A. Blurbck. Judgment for defendants, and plaintiff brings error.
Read the full summary
In Error to tbe District Court of the United States for the Southern Division of the Western District of Washington; Edward E. Cushman, Judge. Action at law by the Columbia Digger Company against M. R. Sparks and C. A. Blurbck. Judgment for defendants, and plaintiff brings error. The plaintiff in error commenced an action against the defendants in error to recover the sum of $6,180.88 alleged to be due for crushed rock which it had furnished to certain contractors in a public improvement in the city of Vancouver, Wash.; the defendants in error having been the sureties on the bond given by the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] In determining the nature of the obligation of the sureties upon the bond the court below followed the decision of the Supreme Court of Washington in Crane Co. v. Pacific Heat & Power Co., 36 Wash. 95, 78 Pac. 460. The court in that case had under consideration the provisions of a bond given under the same statutory provisions -as was the bond in the case at bar. The court held that where a surety company guarantees the faithful performance of a contract pursuant to the statute for the benefit of laborers arid materialmen, and the contractor pays money…
2Cases cited10 opinions
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Detroit v. OsborneSupreme Court of the United States · 1890
- First Nat. Bank of Seattle v. City Trust, Safe Deposit & Surety Co.Court of Appeals for the Ninth Circuit · 1902
- Crane Co. v. Pacific Heat & Power Co.Washington Supreme Court · 1904
- People ex rel. Hirth v. PowersMichigan Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Consolidated Electric Co. v. United States of America for Use and Benefit of Gough Industries, Inc.Court of Appeals for the Ninth Circuit · 1966
- R. P. Farnsworth & Co. v. Electrical Supply Co.Court of Appeals for the Fifth Circuit · 1940
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- St. Paul Fire and Marine Insurance Company v. United States of America for the Use of Dakota Electric Supply Company, Anorth Dakota CorporationCourt of Appeals for the Eighth Circuit · 1962
- Graybar Electric Company, Inc. v. John A. Volpe Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1967
37 more not listed; retrieve them via the Exa API.