Legal Opinion

Miller v. American Bonding Co.

Court of Appeals for the Third Circuit

Decided January 6, 1920No. 2481PublishedCited by 3 opinions

In Error to the District Court for the Middle District of Pennsylvania; Charles B. Witmer, Judge. • Action hy C. E. Miller against the American Bonding Company. From an order striking the case from the trial list (256 Fed. 545), ■plaintiff brings error.

1Opinion of the Court

WOOEEEY, Circuit Judge.

An action was brought under the Act of August 13, 1894, c. 280, 28 Stat. 278, as amended by the Act of February 24, 1905, c. 778, 33 Stat. 811 (Comp. St. § 6923), on a bond given the United States by Mark P. Wells, contractor for the construction of certain public works, and American Bonding Company (defendant-in-error), his surety. The plaintiff was the United States for the use of Caesar Francini. C. E. Miller (plaintiff-in-error) was one of several intervening claimants.

At the trial, the use plaintiff and all intervening claimants, except Miller, appeared and…

2Cases cited5 opinions

  1. Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
  2. United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
  3. Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
  4. United States Ex Rel. Alexander Bryant Co. v. New York Steam Fitting Co.Supreme Court of the United States · 1914
  5. American Bonding Co. v. United StatesCourt of Appeals for the Third Circuit · 1916

3Cited by3 opinions

  1. Miller v. American Bonding Co.Supreme Court of the United States · 1921
  2. American Surety Co. of New York v. FoustTexas Commission of Appeals · 1925
  3. Belknap Hardware &. Mfg. Co. v. Ohio River Contract Co.District Court, W.D. Kentucky · 1920

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