Legal Opinion
City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.
Michigan Supreme Court
Decided December 30, 1909No. Docket No. 8PublishedCited by 28 opinions
Error to Alpena; Emerick, J. Assumpsit by the city of Alpena, for the use and benefit of Herman Besser, against the Title Guaranty & Surety Company upon a statutory bond. A judgment for plaintiff, on a verdict directed by the court, is reviewed by defendant on writ of error.
1Opinion of the CourtBrooke, J.
On May 15, 1905, the Murray Company entered into a contract with the city of Alpena, by which the said Murray Company agreed to construct for said city a submerged crib, influent, conduit, and pump well, in connection with the waterworks belonging to said city. Plaintiff’s declaration avers that:
" To secure the payment of all labor performed and material furnished in the building and constructing of * * * according to the provisions of sections 10743, 10744, 10745, 3 Comp. Laws, the said Murray Company executed and filed with the recorder of the city of Alpena, this plaintiff, a bond, * * *…
2Cases cited8 opinions
- Smalley v. GearingMichigan Supreme Court · 1899
- Philadelphia v. MaloneSupreme Court of Pennsylvania · 1906
- Beals v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1902
- McCormick v. Los Angeles City Water Co.California Supreme Court · 1870
- United States ex rel. Sica v. KimplandU.S. Circuit Court for the District of Eastern New York · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Title Guaranty & Surety Co. v. State ex rel. Leavenworth State BankIndiana Court of Appeals · 1915
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Rester v. Moody & StewartSupreme Court of Louisiana · 1931
- Fitzgerald v. NealOregon Supreme Court · 1924
- Red River Const. Co. v. Pierce Petroleum CorporationSupreme Court of Louisiana · 1928
23 more not listed; retrieve them via the Exa API.