Drexel v. Northwestern Terra Cotta Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Nebraska. This was an action by the Northwestern Terra Cotta Company, a corporation of Chicago, Ill., against Henry P. Drexel, 'E. J. Refregier, E. A. Blum, .T. H. Hulbert, and Albert Foil, to recover upon a bond given under the Iowa statu! (> i of April 7, 1884, for the purpose of procuring the release of certain mechanics’ liens upon a courthouse, and preventing the filing of others thereon.
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In Error to the Circuit Court of the United States for the District of Nebraska. This was an action by the Northwestern Terra Cotta Company, a corporation of Chicago, Ill., against Henry P. Drexel, 'E. J. Refregier, E. A. Blum, .T. H. Hulbert, and Albert Foil, to recover upon a bond given under the Iowa statu! (> i of April 7, 1884, for the purpose of procuring the release of certain mechanics’ liens upon a courthouse, and preventing the filing of others thereon. In the court below judgment was entered in favor of complainant, and defendants brought error.
1Opinion of the Court
CALDWELL, Circuit Judge.
In this case the suit was on the same bond that was sued oil, in Carnegie, Phipps & Co. v. Hulbert (No. 475) 70 Fed. 209, but the lower court in tills case rendered judgment for the plaintiff upon the ground that it was named as the obligee in the bond. On the authority of Carnegie, Phipps & Co. v. Hulbert, the judgment of the circuit court is affirmed.
2Cases cited1 opinion
- Carnegie, Phipps & Co. v. HulbertCourt of Appeals for the Eighth Circuit · 1895
3Cited by1 opinion
- Brunswick-Balke-Collender Co. v. RosattoCourt of Appeals for the Third Circuit · 1908