Morgan v. Salmon
New Mexico Supreme Court
Appeal from District Court of Santa Ee County; John R. McFie, Associate Justice; BRIEF FOR APPELLANT. The surety was released by .failure of obligee to retain 15 per cent of value of work performed and materials furnished. 2 A. & E. Ann. 766, and note; First Natl. Bank of Montgomery v. Fidelity & Dep. Co., 40 So. 415, 5 L. R. A. (N. S.) 418, and note; Glenn Co. v. Jones, 146 Cal. 518; Sheldon v. American Sur.
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Appeal from District Court of Santa Ee County; John R. McFie, Associate Justice; BRIEF FOR APPELLANT. The surety was released by .failure of obligee to retain 15 per cent of value of work performed and materials furnished. 2 A. & E. Ann. 766, and note; First Natl. Bank of Montgomery v. Fidelity & Dep. Co., 40 So. 415, 5 L. R. A. (N. S.) 418, and note; Glenn Co. v. Jones, 146 Cal. 518; Sheldon v. American Sur. Co., 131 Fed. 210; Welsh v. Plubbsclnnitt Bldg. & Wdwk Co., 61 N. J. L. 507; Taylor v. Jetter, 23 Mo.-244; St. Mary’s College y. Meagher, 11 Ky. L. 112; McNally v. Merc. Trust Co., 204…
1Opinion of the Court
OPINION OP THE COURT.
LEIB, District Judge, Acting as Justice. —
A number of questions are raised by appellants in their assignment of errors, but the findings of fact of the lower court upon conflicting evidence are probably binding upon us as to all these. The court concluded that the surety was not released by the failure of the obligee to retain 15% of the value of the work performed and material furnished, as required by the bond. Nowhere has the appellee shown that he has complied with this condition, and it was necessary for him to do so before he could recover. On the contrary, he…
2Cases cited6 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- County of Glenn v. JonesCalifornia Supreme Court · 1905
- Gato v. WarringtonSupreme Court of Florida · 1896
- United States v. American Bonding & Trust Co. of Baltimore CityCourt of Appeals for the Fourth Circuit · 1898
- Shelton v. American Surety Co.Court of Appeals for the Third Circuit · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Honolulu Roofing Co. v. FelixHawaii Supreme Court · 1967
- J. R. Watkins Co. v. EakerNew Mexico Supreme Court · 1952
- Employment Security Commission v. C. R. Davis Contracting Co.New Mexico Supreme Court · 1969
- Pacific Nat. Agr. Credit Corporation v. HagermanNew Mexico Supreme Court · 1935
- Sproul Construction Co. v. St. Paul Fire & Marine InsuranceNew Mexico Supreme Court · 1964
2 more not listed; retrieve them via the Exa API.