Engleby v. Harvey
Supreme Court of Virginia
Appeal from decrees of the Hustings Court of the city of Eadford, pronounced October 12, 1894, and December 20, 1894, in a suit in chancery, wherein the appellee was the complainant, and the appellants and others were the defendants. The bill in this cause was filed by Lewis Harvey, suing on behalf of himself and all other creditors of E. S. Jones and the American Bridge Company who might come into the suit and contribute ratably to the costs thereof.
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Appeal from decrees of the Hustings Court of the city of Eadford, pronounced October 12, 1894, and December 20, 1894, in a suit in chancery, wherein the appellee was the complainant, and the appellants and others were the defendants. The bill in this cause was filed by Lewis Harvey, suing on behalf of himself and all other creditors of E. S. Jones and the American Bridge Company who might come into the suit and contribute ratably to the costs thereof. The bill charges that E. S. Jones, assignee of the American Bridge Company, had contracted with the city of Radford to build for the city a…
1Opinion of the CourtRiely, J.
There is no evidence to sustain the allegation of the bill that the American Bridge and Iron Company and E. S. Jones were partners in the construction of the bridge for the city of Radford, or in any part of the work; nor the contention that they were joint contractors.
The city of Radford advertised for bids to build a bridge across Connelly’s branch, and make the necessary excavations and fills for the approaches to the same, and on April 27, 1893, it awarded the contract to the American Bridge and Iron Company. Making excavations and fills not being in its regular line of business, the…
2Cases cited4 opinions
- Hord's adm'r v. ColbertSupreme Court of Virginia · 1877
- Gregory v. PeoplesSupreme Court of Virginia · 1885
- Crebs v. JonesSupreme Court of Virginia · 1884
- Noyes' Ex'x v. HumphreysSupreme Court of Virginia · 1854
3Cited by17 opinions
- Hutcheson v. Savings Bank of RichmondSupreme Court of Virginia · 1921
- New York Life Insurance v. DavisSupreme Court of Virginia · 1899
- Alsop v. Catlett & JenkinsSupreme Court of Virginia · 1899
- Cochran v. ParisSupreme Court of Virginia · 1854
- Redwood v. RogersSupreme Court of Virginia · 1906
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