Fitger Brewing Co. v. American Bonding Co. of Baltimore
Supreme Court of Minnesota
After tbe former appeal, reported in 115 Minn. 78, 131 N. W. 1067, tbe case was tried before Cant, J., wbo made findings and ordered judgment for $2,122.50 against defendant Hilliard and in favor of defendant bonding company. Erom an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the CourtBunn, J.
On a former appeal in tbis case an order sustaining a general demurrer to tbe complaint was reversed. 115 Minn. 78, 131 N. W. 1067. Defendant American Bonding Co. tben answered, and there was a trial by tbe court without a jury. Tbe decision was .in favor of defendant bonding company, and plaintiff appealed from an order refusing a new trial.
Tbe contention of plaintiff is that tbe conclusion of law that plaintiff is not entitled to recover is not justified by tbe findings of fact.
Tbe action as against defendant bonding company is to recover on a contractor’s bond given by tbe company as…
2Cases cited3 opinions
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- Fitger Brewing Co. v. American Bonding Co.Supreme Court of Minnesota · 1911
3Cited by15 opinions
- Johnson v. LaurenceSupreme Court of Minnesota · 1927
- Odegard v. General Casualty & Surety Co.Court of Appeals for the Eighth Circuit · 1930
- Rowe v. StufflebeamSupreme Court of Iowa · 1958
- Church of Immaculate Conception v. CurtisSupreme Court of Minnesota · 1915
- Watters v. FisherSupreme Court of Pennsylvania · 1927
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