Wainright Trust Co. v. United States Fidelity & Guaranty Co.
Indiana Court of Appeals
Prom Hamilton Circuit Court; Meade Vestal, Special Judge. Action by Wainright Trust Company, receiver for the firm of Holleran, Haverstick, Wheeler and Patterson, against the United States Fidelity and-Guaranty Company. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtMcNutt, J.
This was an action by appellant, as receiver for the firm of Holler.an, Haverstiek, Wheeler & Patterson, in the court below, against appellee, as surety upon a contractor’s bond, the contractor being one Black. The appellee demurred to appellant’s complaint, the same being the fourth amended, for want of sufficient' facts, which demurrer was sustained. This action of the court is the only error assigned.
The contract, which is made a part of the complaint by exhibit, required said Black to place the gravel on two public highways of Hamilton county, known as the Eiler road and the Hunter road,…
2Cases cited15 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Knight & Jillson Co. v. CastleIndiana Supreme Court · 1909
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Bradley v. HarterIndiana Supreme Court · 1901
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3Cited by5 opinions
- Quinn-Shepherdson Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1919
- Everley v. Equitable Surety Co.Indiana Supreme Court · 1921
- Cowles v. J. C. Mardis Co.Supreme Court of Iowa · 1921
- Hartford Accident & Indemnity Co. v. State Ex Rel. MartinIndiana Court of Appeals · 1927
- Miller v. State Ex Rel. McDonaldIndiana Court of Appeals · 1928