Bort v. E. H. McCutchen & Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. Action at law by A. N. Bort against E. H. McCutchen & Co. and others on a bond. Judgment for defendant sureties, and plaintiff brings error.
1Opinion of the Court
SANBORN, Circuit Judge.
A. N. Bort, the obligee in a bond, brought an action against ihe principal and sureties therein to recover about $100,000 and interest for a breach of its condition. The sureties pleaded many defenses, but the only one submitted to the jury was that they were induced to sign the bond by the promise of E. H. Mc-Cutchen, the principal, that others would sign it and that he would not deliver it until they did, that McCutchen broke this promise and delivered the bond without the promised signatures, and that Bort was aware of these facts before he accepted the bond. There…
2Cited by8 opinions
- Ayers v. United StatesCourt of Appeals for the Eighth Circuit · 1932
- Hall v. ætna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1936
- Trapp v. Metropolitan Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- Hecht v. AlfaroCourt of Appeals for the Ninth Circuit · 1926
- Weinstein v. LaughlinCourt of Appeals for the Eighth Circuit · 1927
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