Legal Opinion

United States Fidelity & Guaranty Co. v. United States for the Benefit of Kenyon

Supreme Court of the United States

Decided February 25, 1907No. 173PublishedCited by 41 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF-.RHODE ISLAND. By an act of Congress approved August 13, 1894, entitled “An act for the protection of persons furnishing materials and labor for the construction of public works,” it was provided: “That hereafter any person- or persons entering into a formal contract with- the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF-.RHODE ISLAND. By an act of Congress approved August 13, 1894, entitled “An act for the protection of persons furnishing materials and labor for the construction of public works,” it was provided: “That hereafter any person- or persons entering into a formal contract with- the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building' or public work, shall be required before commencing* such work to’ execute the usual penal bond,…

1Opinion of the Court

Mr. Justice Harlan,

after making the foregoing statement; delivered the opinion of the court.

This -case is here upon a. certificarte as to the original jurisdiction of the Circuit Court of the United States of this action.

Á- Circuit Court of- the United States,' as. provided in the. Judiciary Act of 1887-88, may take original cognizance of any suit, at. common law or in equity, arising under the laws of. the United States, if the value of the matter in dispute exceeds two thousand dollars; exclusive of interest and costs: 25 Stat. 433, c. 866. . But if, within the meaning of that, act, the…

2Cases cited5 opinions

  1. Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
  2. State Ex Rel. Markley v. BaldwinSupreme Court of the United States · 1884
  3. McNutt Ex Rel. Leggett, Smith, & Lawrence v. BlandSupreme Court of the United States · 1844
  4. Browne v. StrodeSupreme Court of the United States · 1809
  5. United States v. SaywardSupreme Court of the United States · 1895

3Cited by41 opinions

  1. Lincoln Property Co. v. RocheSupreme Court of the United States · 2005
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
  4. United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
  5. People v. . Metropolitan Surety Co.New York Court of Appeals · 1914

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