Legal Opinion

United States ex rel. Sica v. Kimpland

U.S. Circuit Court for the District of Eastern New York

Decided April 18, 1899PublishedCited by 17 opinions

This is an action in the name of the United States, for the use and benefit of Ellen Sica, against Charles U. Kimpland, impleaded with others, on a bond given by contractors for public work. Heard on demurrer of the defendant Kimpland to the complaint.

1Opinion of the Court

THOMAS, District Judge.

The complaint shows that, by contract concluded August 11, 1897, certain persons, under the firm name of Mairs & Lewis, agreed with the United States to furnish all labor and materials for the construction of two gun emplacements and a mining casement on Plum Island, in the state of New York, together with a wharf or pier, in accordance with certain specifications; that Kimpland, defendant, and another, by bond, guarantied that Mairs & Lewis “should, in all respects, duly and fully observe and perform, all and singular, the covenants, conditions, and agreements in and…

2Cases cited1 opinion

  1. McCormick v. Los Angeles City Water Co.California Supreme Court · 1870

3Cited by17 opinions

  1. Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
  2. National Surety Co. v. United States ex rel. Pittsburgh & Buffalo Co.Court of Appeals for the Sixth Circuit · 1916
  3. United States, ex rel. Fidelity Nat. Bank v. RundleCourt of Appeals for the Ninth Circuit · 1900
  4. City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
  5. Standard Boiler Works v. National Surety Co.Washington Supreme Court · 1912

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