New Amsterdam Casualty Co. v. City of Astoria
District Court, D. Oregon
In Equity. Injunction by the New Amsterdam Casualty Company against the City of Astoria and others. This is a proceeding for injunction to restrain the city of Astoria from issuing certain warrants of the city to certain creditors of the Arenz Construction Company during the pendency of the settlement of the demands of the complainant and such creditors against such construction company.
Read the full summary
In Equity. Injunction by the New Amsterdam Casualty Company against the City of Astoria and others. This is a proceeding for injunction to restrain the city of Astoria from issuing certain warrants of the city to certain creditors of the Arenz Construction Company during the pendency of the settlement of the demands of the complainant and such creditors against such construction company. The litigation grows out of the following state of facts: On May 1, 1017, the construction company entered into six separate and distinct contracts with the city tor improving six distinct portions of the…
1Opinion of the CourtWolvfrton, District Judge
(after stating the facts as above). It is insisted on the part of the Astoria Savings Bank, and other assignees of this fund, that the complainant is without cause of suit, because it has not as yet paid the demands that the principal is required under its contracts to pay, and therefore is without the right of subro-gation. The rule is well stated by Chancellor Walworth, in Sandford v. McLean, 3 Paige (N. Y.) 122, 23 Am. Dec. 773, as follows:
“It is only in cases where the person advancing money to pay the debt of a third party stands in the situation of a surety, or is compelled to pay it to…
2Cases cited6 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Derby v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Exchange State Bank v. Federal Surety Co.Court of Appeals for the Eighth Circuit · 1928
- Levinson v. LindermanWashington Supreme Court · 1958
- Southern Surety Co. v. Merchants & Farmers BankIndiana Supreme Court · 1931
- Tri-City Service District v. Pacific Marine Dredging & Construction (In Re Pacific Marine Dredging & Construction)United States Bankruptcy Court, D. Oregon · 1987
- Ottumwa Boiler Works v. M. J. O'Meara & SonSupreme Court of Iowa · 1928
7 more not listed; retrieve them via the Exa API.