United States ex rel. J. B. Van Sciver Co. v. United States Fidelity & Guaranty Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
Action by the United States, to the Use of the J. B. Van Server Company, against the United States Fidelity & Guaranty Company and another. On rule for judgment for want oí a sufficient affidavit oE defense.
1Opinion of the Court
J. B. McPHERSON, District Judge.
1. This suit is brought upon a surety bond that was given to the United States under the act of 1894 (Act Aug. 13, 1894, c. 280, 28 Stat. 278 [U. S. Comp. St. 1901, р. 2523]) by a principal contractor (Neafie & Levy Company), and recovery is sought for labor done and materials furnished to the principal by a subcontractor, the J. B. Van Sciver Company. The claim arose in the summer of 1904. The Neafie & Levy Company received full payment from the United States about October 31st of that year, but has not paid any part of the subcontractor’s claim. In May, 1909,…
2Cases cited11 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Cooke v. United StatesSupreme Court of the United States · 1875
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
- Maryland Casualty Co. v. Ohio River Gravel Co.Court of Appeals for the Fourth Circuit · 1927
- First National Bank v. LivermoreSupreme Court of Kansas · 1913
- American Auto Insurance Co. v. United States of America, for the Use and Benefit of Alvah C. Luce, D/B/A Northern Electric Service & Supply Co.Court of Appeals for the First Circuit · 1959
9 more not listed; retrieve them via the Exa API.