United States ex rel. Strait & Son v. United States Fidelity & Guaranty Co.
Supreme Court of Vermont
Covenant on a contractor’s bond given in conformity to the Act of Congress of August 13, 1894. Formal pleadings waived, all necessary pleadings treated as filed, and the declaration treated as covering everything for which a recovery could be had in this action. Trial by Jury at the September Term, 19Q7, Chittenden County, Powers, J., presiding. Verdict ordered for the plaintiff for $2,193.11 damages, and costs; and judgment thereon. The defendant excepted.
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Covenant on a contractor’s bond given in conformity to the Act of Congress of August 13, 1894. Formal pleadings waived, all necessary pleadings treated as filed, and the declaration treated as covering everything for which a recovery could be had in this action. Trial by Jury at the September Term, 19Q7, Chittenden County, Powers, J., presiding. Verdict ordered for the plaintiff for $2,193.11 damages, and costs; and judgment thereon. The defendant excepted. This case has been once before in the Supreme Court; 80 Vt. 84. See also the last preceding case in this volume. To be entitled to a…
1Opinion of the CourtWatson, J.
This case was before this Court on the pleadings and is reported in 80 Vt. 84. The action is brought upon the same bond as was that of United States, for the use and *105benefit of Elias Lyman Coal Co. v. United States Fidelity & Guaranty Co., ante p. 94.
Upon the trial it was stipulated that the declaration should be treated as covering everything which could be properly declared upon and recovered in this action, by virtue of the Federal statute, under which the bond was given; and that in turn the defendant might avail itself of any further defence thereto, as if formal pleas had been filed.…
2Cases cited3 opinions
- United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
- United States ex rel. Elias Lyman Coal Co. v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1909
- Flagg v. LockeSupreme Court of Vermont · 1902
3Cited by2 opinions
- H. H. Robertson Co. v. Globe Indemnity Co.Superior Court of Pennsylvania · 1921
- United States Ex Rel. Hussmann Corp. v. Fidelity & Deposit Co.District Court, D. New Jersey · 1998