Portland v. O'Neill
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. In Banc. This is an action based upon a contractor’s bond furnished in pursuance of Section 6266, L. O. L., as amended by General Laws of Oregon 1913, page 59. The bond was signed by the defendant, New Amsterdam Casualty Company, as surety. The cause was tried by the court without the intervention of a jury. Findings of facts were made and a judgment rendered in favor of plaintiff. The New Amsterdam Casualty Company appeals.
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From Multnomah: William N. Gatens, Judge. In Banc. This is an action based upon a contractor’s bond furnished in pursuance of Section 6266, L. O. L., as amended by General Laws of Oregon 1913, page 59. The bond was signed by the defendant, New Amsterdam Casualty Company, as surety. The cause was tried by the court without the intervention of a jury. Findings of facts were made and a judgment rendered in favor of plaintiff. The New Amsterdam Casualty Company appeals. The complaint, in addition to setting forth the corporate character of the city and the use plaintiff and the defendant surety…
1Opinion of the CourtBean, J.
The claim of appellant is: First, that the rental of equipment within the meaning of the statute constitutes neither labor nor material and is therefore not within the bond: second, that if re*166covery can be had it must be limited to the time the equipment was actually used as distinguished from the time it was retained.
1. No bill of exceptions' is contained in the record. Therefore the testimony is not before us. As submitted on behalf of plaintiff, the case comes to us upon the complaint and findings: Miller v. Head Camp, 45 Or. 192 (77 Pac. 83); Farrell v. Oregon Gold Co., 31 Or. 463 (49…
2Cases cited11 opinions
- American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
- Eastman v. Jennings-McRae Logging Co.Oregon Supreme Court · 1914
- Farrell v. Oregon Gold Co.Oregon Supreme Court · 1897
- Multnomah County v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1918
- Multnomah County v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1919
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Fitzgerald v. NealOregon Supreme Court · 1924
- Larsen v. MartinOregon Supreme Court · 1943
- Pelton & King, Inc. v. Town of BethlehemSupreme Court of Connecticut · 1929
- Tauscher v. Doernbecher Manufacturing Co.Oregon Supreme Court · 1936
8 more not listed; retrieve them via the Exa API.