Legal Opinion
City of Stuart ex rel. Florida East Coast Ry. Co. v. American Surety Co. of New York
Court of Appeals for the Fifth Circuit
Decided February 26, 1930No. 5691PublishedCited by 10 opinions
1Opinion of the Court
SIBLEY, District Judge.
A suit at law in the name of city of Stuart, for the use of Florida East-Coast Railway Company, was brought against American Surety Company, as surety on a contractor’s bond, to recover for freight, switching, and demurrage charges on carload material used in the performance of a contract with the city for public work, and was dismissed on demurrer. The controlling questions are: (1) Whether the charges were owing by the contractor; (2) whether they are within the liability assumed under the bond.
1. The declaration avers generally that the services of the railway…
2Cases cited10 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Brogan v. National Surety Co.Supreme Court of the United States · 1918
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- United States Fidelity & Guaranty Co. v. United States Ex Rel. BartlettSupreme Court of the United States · 1913
- Kidd v. City of JacksonvilleSupreme Court of Florida · 1929
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Republic Nat. Bank & Trust Co. v. Massachusetts Bonding & Ins.Court of Appeals for the Fifth Circuit · 1934
- Collins v. National Fire Insurance Co. of HartfordDistrict Court of Appeal of Florida · 1958
- Third Nat. Bank of Miami v. Detroit Fidelity & Surety Co.Court of Appeals for the Fifth Circuit · 1933
- W. Harrison Price v. H. L. Coble Construction CompanyCourt of Appeals for the Fifth Circuit · 1963
- United States v. Hercules Co.District Court, S.D. Mississippi · 1931
5 more not listed; retrieve them via the Exa API.