Legal Opinion

National Surety Co. v. Cincinnati, N. O. & T. P. Ry. Co.

Court of Appeals for the Sixth Circuit

Decided April 28, 1906No. 1,506PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the Southern District of Ohio.

1Opinion of the Court

RICHARDS, Circuit Judge.

This was a suit upon a bond given by the surety company, plaintiff in error, to secure the performance of a contract made by “E. M. Pease, Incorporated,” with the railway company, defendant in error, by which the latter agreed to sell, and Pease to buy, 20 old locomotives; 16 at $3,500, and 4 at $3,000 each. Pease took and paid for all of these locomotives except six, which the railway company, after notice to him and the surety company, sold at *35public auction, charging them with the difference. The contract price being $20,500 and the proceeds of the sale $11,150,…

2Cases cited9 opinions

  1. Insurance Co. v. TweedSupreme Court of the United States · 1869
  2. Lehnen v. DicksonSupreme Court of the United States · 1893
  3. Martinton v. FairbanksSupreme Court of the United States · 1885
  4. Kentucky Life & Acc. Ins. v. HamiltonCourt of Appeals for the Sixth Circuit · 1894
  5. Humphreys v. Third Nat. Bank of CincinnatiCourt of Appeals for the Sixth Circuit · 1896

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Beam v. HamiltonCourt of Appeals for the Sixth Circuit · 1923
  2. Mason v. SmithCourt of Appeals for the Sixth Circuit · 1911
  3. Joline v. Metropolitan Securities Co.U.S. Circuit Court for the District of Southern New York · 1908
  4. Pennsylvania Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1917

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