Legal Opinion

United States ex rel. Stanstead Granite Quarries Co. v. United States Fidelity & Guaranty Co.

Supreme Court of Vermont

Decided February 21, 1906PublishedCited by 4 opinions

Covenant on a contractor’s bond given in conformity to the Act of Congress of August 13, 1894. Heard on demurrer to the declaration at the September Term, 1904, Orleans County, Rowell, J., presiding. Demurrer Overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. In the bond, after naming the penal sum, follows the cláuse, “for the payment of which, well and truly to be made to the United States, we bind ourselves, our heirs,” etc.

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Covenant on a contractor’s bond given in conformity to the Act of Congress of August 13, 1894. Heard on demurrer to the declaration at the September Term, 1904, Orleans County, Rowell, J., presiding. Demurrer Overruled, pro forma, and declaration adjudged sufficient. The defendant excepted. In the bond, after naming the penal sum, follows the cláuse, “for the payment of which, well and truly to be made to the United States, we bind ourselves, our heirs,” etc. This bond is in the nature of an official bond. The United States is in no way interested, and therefore, the action can be maintained…

1Opinion of the CourtTylbr, J.

The declaration is in covenant, in three counts, upon a bond given by Conners Brothers as principals and the defendant as surety, to the United States, relating to a *449certain contract made by Conners Bros, with the Secretary of the Treasury by which they were to construct a federal building- at Newport in this State. The bond is recited and the condition thereof is as follows:

“Whereas the said Conners Bros, have entered into a certain contract, hereto attached, with L. M. Shaw, Secretary of the Treasury acting for and in behalf of the United States, bearing date September 15, 1902: NOW if the…

2Cases cited7 opinions

  1. Claflin v. HousemanSupreme Court of the United States · 1876
  2. Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
  3. Williams v. WillsonSupreme Court of Vermont · 1828
  4. American Surety Co. v. United StatesAppellate Court of Illinois · 1898
  5. United States v. ChurchyardU.S. Circuit Court for the District of Rhode Island · 1904

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

3Cited by4 opinions

  1. Westinghouse Electric Supply Co. v. B. L. Allen, Inc.Supreme Court of Vermont · 1980
  2. United States ex rel. Strait v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1907
  3. Maryland Casualty Co. v. Portland Const. Co.Court of Appeals for the Second Circuit · 1934
  4. United States v. Schofield Co.Supreme Court of Pennsylvania · 1913

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