Fitger Brewing Co. v. American Bonding Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county against defendant-corporation and John W. Hilliard, to recover $2,613.60, amount paid for lien claims after the same had been adjudged valid. From an order, Dibell, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.
1Opinion of the CourtSimpson, J.
This action was brought to recover for payment made by plaintiff upon lien claims after the same had been adjudged valid charges against his property. ' The claimed liability of defendant Hilliard, the general contractor, arose out of a breach of his contract in failing to refund to plaintiff the amount paid on lien claims. The claimed liability of the defendant the American Bonding Company of Baltimore arose upon a bond given by it, as surety, and Hilliard, as principal, conditioned upon the performance by Hilliard of his contract, through the required payment by plaintiff of the lien…
2Cases cited7 opinions
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Lesher v. United States Fidelity & Guaranty Co.Illinois Supreme Court · 1909
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- McGarry v. SeizSupreme Court of Georgia · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
- Prior Lake State Bank v. National Surety Corp.Supreme Court of Minnesota · 1957
- State v. TupaSupreme Court of Minnesota · 1935
- Fitger Brewing Co. v. American Bonding Co. of BaltimoreSupreme Court of Minnesota · 1914
- State Bank of New Prague v. American Surety Co.Supreme Court of Minnesota · 1939
9 more not listed; retrieve them via the Exa API.