People ex rel. Smith v. Collins
Michigan Supreme Court
Error to Wayne; Lillibridge, J. Assumpsit by the People of the State of Michigan, for the use and benefit of Frank Smith and Anthony H. Reynolds, against. Henry Collins, as principal, and John C. McDonald, Charles P. Collins, and Henry Houghten, as sureties, upon a statutory bond. From a judgment for plaintiffs on verdict directed by the court, defendant sureties bring error.
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Error to Wayne; Lillibridge, J. Assumpsit by the People of the State of Michigan, for the use and benefit of Frank Smith and Anthony H. Reynolds, against. Henry Collins, as principal, and John C. McDonald, Charles P. Collins, and Henry Houghten, as sureties, upon a statutory bond. From a judgment for plaintiffs on verdict directed by the court, defendant sureties bring error. This suit is based entirely upon the oral agreement referred to in the opinion, it being conceded that the plaintiffs, with respect to the written contract, were subcontractors.
1Opinion of the CourtHooker, J.
Henry Collins constructed certain pavement in the city of Detroit under a contract and specifications made by himself and the city authorities. The other defendants are sureties upon the statutory bond given by Collins for the protection of laborers and material men, under 2 How. Stat. §§ 8411b, 8411c, and 3 How. Stat. § 8411a. This action is brought upon the bond, and the defendants who appeal deny liability, upon the ground that the plaintiffs’ claim is that of subcontractors, and not for labor or materials furnished in any other capacity. The undisputed testimony shows that the following…
2Cases cited3 opinions
- Owen v. HillMichigan Supreme Court · 1887
- Avery v. Board of SupervisorsMichigan Supreme Court · 1888
- Sterner v. HaasMichigan Supreme Court · 1896
3Cited by2 opinions
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- People ex rel. Emack v. ThompsonMichigan Supreme Court · 1898