Legal Opinion

Seaboard Surety Co. v. First Nat. Bank & Trust Co.

Court of Appeals for the Eighth Circuit

Decided June 12, 1941No. 11803PublishedCited by 9 opinions

1Opinion of the Court

STONE, Circuit Judge.

Robert Graff (doing business as Albert Graff and Company) had separate contracts with the States of Minnesota and of South Dakota for highway construction on definite projects. Appellant was surety on bonds to assure performance of each of these contracts. Its contracts with Graff included an assignment of any amounts due on the contracts, as indemnity for any losses to the surety because of the bonds. When he stopped work thereon, because of winter weather in November, 1937, he was paid for the work then done less percentages (amounting to over $6,000) retained under the…

2Cases cited13 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  3. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  4. Indianapolis Rolling Mill v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of the United States · 1887
  5. Ganley v. City of PipestoneSupreme Court of Minnesota · 1923

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3Cited by9 opinions

  1. Mexican v. Circle BearSouth Dakota Supreme Court · 1985
  2. First American Title Insurance v. Lett (In Re Lett)United States Bankruptcy Court, W.D. Missouri · 1999
  3. Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Surety Association of America, Amicus on Behalf of Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Pennsylvania National Mutual Casualty Insurance Company, a Pennsylvania Corporation, Cannon Contracting, Inc., Intervenor v. City of Pine Bluff, David Mitchell Construction, Inc. David R. Mitchell Theresa Mitchell Karl F. Dix, Jr. Pine Bluff National Bank Nobel Insurance Company, Surety Association of America, Amicus on Behalf OfCourt of Appeals for the Eighth Circuit · 2004
  4. Seaboard Surety Co. v. North DakotaDistrict Court, D. North Dakota · 1950
  5. Pennsylvania National Mutual Casualty Insurance v. City of Pine BluffCourt of Appeals for the Eighth Circuit · 2004

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