Kuennan v. United States Fidelity & Guaranty Co.
Michigan Supreme Court
Error to Kent; McDonald, J. Assumpsit by Frederick W. Kuennan against the United States Fidelity & Guaranty Company and the National Construction Company on a statutory bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant the United States Fidelity & Guaranty Company on writ of error.
1Opinion of the CourtOstrander, J.
This is a suit brought to recover the price and value of materials used in building a public *124work, namely, in the construction of a sewer in the city of Grand Rapids by the defendant National Construction Company. The bond, specially counted on in the declaration, is the statute bond (3 Comp. Laws, §§ 10743-10745), and was made in August, 1905. The defendant National Construction Company was not served with process and did not appear. There was testimony tending to prove that service of process could not be made upon it within the State. Verdict for the plaintiff against the defendant surety…
2Cases cited4 opinions
- Showen v. J. L. Owens Co.Michigan Supreme Court · 1909
- Hastings Industrial Co. v. MoranMichigan Supreme Court · 1906
- Swan v. ThurmanMichigan Supreme Court · 1897
- Taylor-Woolfenden Co. v. AtkinsonMichigan Supreme Court · 1901
3Cited by11 opinions
- Nielsen v. City of St. PaulSupreme Court of Minnesota · 1958
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Pigg v. Houston & LiggettCourt of Appeals of Tennessee · 1928
- Siewek v. F. Joseph Lamb Co.Michigan Supreme Court · 1932
- Stephens Lumber Co. v. Townsend-Stark Corp.Michigan Supreme Court · 1924
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