American Surety Co. of New York v. Board of County Commissioners
Supreme Court of Minnesota
Action in tbe district court for Waseca county against defendant board, John D. Carroll, and all persons claiming under a bond executed by defendant Carroll, as principal, and by plaintiff, as surety, to secure performance by Carroll of a contract.
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Action in tbe district court for Waseca county against defendant board, John D. Carroll, and all persons claiming under a bond executed by defendant Carroll, as principal, and by plaintiff, as surety, to secure performance by Carroll of a contract. The complaint asked to have plaintiff’s liability ascertained, so that it could pay the same, and sought among other things to recover from defendant board the amount which plaintiff had been damaged by its failure to hold for plaintiff’s protection certain estimates payable under thev contract. The case was tried before Buckham, J., who at the…
1Opinion of the CourtCollins, J.
Defendant Carroll entered into a contract with defendant board *95in 1896 wherein he agreed to build a court house for the sum of $34,765.96. He was to be paid in instalments, on monthly estimates, 85 per cent, of the cost of labor performed and material furnished. The balance (15 per cent, of the contract price) was to be retained until the building was completed. Carroll, as principal, and this plaintiff, as surety, then executed and delivered to the board a bond in accordance with the provisions of Laws 1895, c. 354, § 1, and conditioned as therein prescribed. It appears- that Carroll failed…
2Cited by8 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- New Amsterdam Casualty Co. v. WurtzSupreme Court of Minnesota · 1920
- Wilcox Lumber Co. v. School District No. 268Supreme Court of Minnesota · 1907
- Farmers State Bank of Madelia, Inc. v. BurnsSupreme Court of Minnesota · 1942
- First Nat. Bank of St. Paul v. McHasco Electric, Inc.Supreme Court of Minnesota · 1966
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