Legal Opinion

Equitable Surety Co. v. United States Ex Rel. McMillan

Supreme Court of the United States

Decided June 22, 1914No. 861PublishedCited by 102 opinions

CERTIFICATE FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The Court of Appeals of the District of Columbia certifies that the record in the above entitled cause, now pending in said court upon appeal from the Supreme Court of the District of Columbia, discloses the following: The declaration of the United States to the use of W. McMillan and Son,- filed February 11, 1913, against the Equitable Surety Co. alleges: That Allen T. Howison, as principal, and the…

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CERTIFICATE FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. The Court of Appeals of the District of Columbia certifies that the record in the above entitled cause, now pending in said court upon appeal from the Supreme Court of the District of Columbia, discloses the following: The declaration of the United States to the use of W. McMillan and Son,- filed February 11, 1913, against the Equitable Surety Co. alleges: That Allen T. Howison, as principal, and the Equitable Surety Co., as surety, on July 24, 1911, executed a bond to the United States in the penal sum of $110,350.00,…

1Opinion of the CourtJustice Pitney

The act of February 28,1899 (c. 218,30 Stat. 906), under which the bond in question was given, was modeled after an act of August 13, 1894, entitled, “An Act for the protection of persons furnishing material and labor for the construction of public works,” (c. 280, 28 Stat. 278). In an action founded upon a bond given under the latter act, it was held by the Circuit Court of Appeals for the Eighth Circuit, in United States v. National Surety Co., 92 Fed. Rep. 549, 551, that the obligation has a dual aspect, it being given, in the first place, to secure to the Government the faithful…

2Cases cited8 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
  3. Miller v. StewartSupreme Court of the United States · 1824
  4. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  5. Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892

3 more not listed; retrieve them via the Exa API.

3Cited by102 opinions

  1. Armstrong v. United StatesSupreme Court of the United States · 1960
  2. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  3. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
  4. Martin v. National Surety Co.Supreme Court of the United States · 1937
  5. American Surety Co. v. Westinghouse Electric Manufacturing Co.Supreme Court of the United States · 1935

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