Legal Opinion

Northwestern Terra Cotta Co. v. Caldwell

Court of Appeals for the Eighth Circuit

Decided June 19, 1916No. 4521PublishedCited by 7 opinions

In Error to the District Court of the United States for the District of Nebraska, Thos. C. Hunger, Judge. Suit by the Northwestern Térra Cotta Company against George W. Caldwell and others. To review a judgment for defendants, plaintiff brings error.

1Opinion of the Court

SMITH, Circuit Judge.

George W. Caldwell and Lester Drake, as copartners under the name of Caldwell & Drake, entered into a contract for the construction of a new courthouse at Omaha, Neb., and gave a bond to the county dated April 10, 1909, with the Fidelity & Deposit Company of Maryland as surety which provided:

“Now the condition of this obligation is such that if the above bounden Caldwell & Drake shall pay oil: and discharge all debts dne to subcontractors, laborers and mechanics and all debts of every nature due for labor and material used in and about said building in the performance of…

2Cases cited84 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Swift v. TysonSupreme Court of the United States · 1842
  3. Clark v. BarnardSupreme Court of the United States · 1883
  4. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  5. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884

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3Cited by7 opinions

  1. Weatherford v. AdamsArizona Supreme Court · 1926
  2. Kirby v. United StatesCourt of Appeals for the Ninth Circuit · 1921
  3. United States v. KanterCourt of Appeals for the Eighth Circuit · 1943
  4. Coeur D'Alenes Lead Co. v. KingsburyIdaho Supreme Court · 1936
  5. Philadelphia Warehouse Co. v. SeemanCourt of Appeals for the Second Circuit · 1925

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