United States ex rel. Elias Lyman Coal Co. v. United States Fidelity & Guaranty Co.
Supreme Court of Vermont
Covenant on a contractor’s bond given in conformity to the Act of Congress of August 13, 1894. Formal pleadings waived by each party, and all necessary pleadings treated as filed. Partial trial by jury at the March Term, 1909, Chittenden County, Taylor, J., presiding. At 'the close of all the evidence the defendant moved for a directed verdict on the grounds recited in the opinion.
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Covenant on a contractor’s bond given in conformity to the Act of Congress of August 13, 1894. Formal pleadings waived by each party, and all necessary pleadings treated as filed. Partial trial by jury at the March Term, 1909, Chittenden County, Taylor, J., presiding. At 'the close of all the evidence the defendant moved for a directed verdict on the grounds recited in the opinion. Motion overruled, to which the defendant excepted; and thereupon by agreement the issue was withdrawn from the jury and submitted to tbe court. Judgment, pro forma, for the plaintiff. Tbe defendant excepted. Tbe…
1Opinion of the CourtWatson, J.
At tbe close of tbe evidence tbe defendant moved for a verdict on tbe grounds, (1) that tbe coal wbicb tbe evidence tends to sbow was furnished, is not “material” witbin tbe meaning of the United States statute, tbe bond, contract, or specification; and (2) that there is no competent evidence tending to sbow that any part or all of tbe coal was used for the purpose of beating any of tbe buildings named in tbe specifications attached to tbe principal contract. To tbe overruling of tbe motion defendant excepted. By agreement of counsel tbe issue was then withdrawn from tbe jury and submitted to…
2Cases cited1 opinion
- United States ex rel. Elias Lyman Coal Co. v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1909
3Cited by14 opinions
- Essex Storage Electric Co. v. Victory Lumber Co.Supreme Court of Vermont · 1919
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- In re R. S.Supreme Court of Vermont · 1983
- Brown v. AitkenSupreme Court of Vermont · 1916
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