Legal Opinion

Breen v. Kelly

Supreme Court of Minnesota

Decided February 13, 1891PublishedCited by 14 opinions

Action brought in the district court for Bamsey county on the bond considered in the opinion. Trial before Kerr, J., (a jury being waived) and judgment of $381.35 ordered and entered for plaintiff, from which the defendant Kelly, one of the sureties, appeals.

1Opinion of the CourtGilfillan, C. J.

The action is upon a bond purporting to be executed by the defendants to the county of Hennepin, “for the use of *353all persons who may do work or furnish materials pursuant to the contract for the erection of the foundations of Lake-Street bridge, * '* * to be paid to the said county of Hennepin or assigns, for the said use,” the condition of which is that the contractor “shall save and secure the county of Hennepin harmless, and shall pay all just claims for all work done and to be done, and all materials furnished and to be furnished, pursuant to said contract, and in the execution of the…

2Cases cited4 opinions

  1. United States v. TingeySupreme Court of the United States · 1831
  2. City of St. Paul v. ButlerSupreme Court of Minnesota · 1883
  3. Morton v. PowerSupreme Court of Minnesota · 1885
  4. State Bank v. HeneySupreme Court of Minnesota · 1889

3Cited by14 opinions

  1. Standard Salt & Cement Co. v. National Surety Co.Supreme Court of Minnesota · 1916
  2. State ex rel. Bartelt v. LiebesWashington Supreme Court · 1898
  3. Townsend v. Cleveland Fire Proofing Co.Indiana Court of Appeals · 1897
  4. Galveston, H. & S. A. RY. CO. v. Uvalde CountyCourt of Appeals of Texas · 1942
  5. Park Bros. & Co. v. SykesSupreme Court of Minnesota · 1897

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