Legal Opinion
Sternberg Co. v. State Nat. Bank of Texarkana
Court of Appeals for the Fifth Circuit
Decided March 23, 1934No. 7154PublishedCited by 4 opinions
1Opinion of the Court
HUTCHESON, Circuit Judge.
Appellee is the assignee of $7,759.61 of claims against a subcontractor. On these claims, made up of $6,533.33 rental of a dredge, and $1,063.28 salary, it intervened in a suit against the original contractor and his surety on a public works bond. Section 270, title 40, USCA.1 It had judgment for 52 per cent, of its claim. The contractor appeals because appellee got too much; appel-lee cross-appeals, because it got too little.
The contractor attacks as unfounded all of the rental and part of the salary claim. Its point against the rental claim is that it was neither…
2Cases cited21 opinions
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
- Mankin v. United States Ex Rel. Ludowici-Celadon Co.Supreme Court of the United States · 1910
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3Cited by4 opinions
- Leslie S. Bowden, Trustee in Bankruptcy for the Estate of Frank T. Hickey, Inc., Bankrupt, Twaits-Morrison-Knudsen-Macco, Morrison Knudsen Company, Inc., MacCo Corporation, Ford J. Twaits Co., Ford J. Twaits, Individually and as Trustee, Edna M. Twaits, Jane Twaits Lataillade, Carl H. Wittenberg and Carl H. Wittenberg, Jr., as Partners Associated in Business Under the Common Name and Style of Ford J. Twaits Co. And Fidelity & Deposit Company of Maryland v. United States of America for the Use of Emmett J. Malloy, United States of America for the Use of Emmett J. Malloy, Cross-Appellant v. Leslie S. Bowden, Trustee in Bankruptcy, Etc., Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1956
- Bowden v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- Caporossi v. Atlantic City, New JerseyDistrict Court, D. New Jersey · 1963
- United States ex rel. Howard P. Foley Co. v. Home Indemnity Co.District Court, M.D. Florida · 1966