National Surety Co. v. Cincinnati, N. O. & T. P. Ry. Co.
Court of Appeals for the Sixth Circuit
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
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Martinton v. FairbanksSupreme Court of the United States · 1885
- Kentucky Life & Acc. Ins. v. HamiltonCourt of Appeals for the Sixth Circuit · 1894
- 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
- Beam v. HamiltonCourt of Appeals for the Sixth Circuit · 1923
- Mason v. SmithCourt of Appeals for the Sixth Circuit · 1911
- Joline v. Metropolitan Securities Co.U.S. Circuit Court for the District of Southern New York · 1908
- Pennsylvania Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1917