City of Alpena ex rel. Beaudrie v. Murray Co.
Michigan Supreme Court
Error to Alpena; Emerick, J. Assumpsit by the city of Alpena, for the use and benefit of Thomas Beaudrie, Eugene H. Furbush, and others, against the Murray Company, principal, and the Title Guaranty & Surety Company, surety, upon a statutory bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant surety company on writ of error.
1Opinion of the CourtBrooke, J.
This is a companion case to that of the City of Alpena, for use of O’Brien, v. Surety Co., ante, 334 (123 N. W. 1126), and is controlled thereby, except as to the claim of Eugene H. Furbush, which was for cartage of lumber, coal, machinery, and other supplies to and from the dredge used by the Murray Company in the prosecution of its work under the contract. This use plaintiff is not entitled to the protection of the bond under our determination in the case of the City of Alpena, for *337use of Besser, v. Surety Co., ante, 329 (123 N. W. 1126). See cases there cited.
Judgment reversed, and a new…
2Cases cited1 opinion
- City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
3Cited by6 opinions
- Royal Indemnity Co. v. Day & Maddock Co.Ohio Supreme Court · 1926
- Standard Boiler Works v. National Surety Co.Washington Supreme Court · 1912
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- City of Alpena ex rel. Gilchrist v. Title Guaranty & Surety Co.Michigan Supreme Court · 1912
- In re Kent Refining Co.District Court, W.D. Michigan · 1937
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