American Bonding Co. of Baltimore v. Central Trust Co. of Illinois
Court of Appeals for the Seventh Circuit
Petition for Revision of Proceedings of the District Court In the matter of P. McGarry & Son, bankrupts. From an order of the District Court sustaining the demurrer of the Central Trust Company of Illinois, trustee in bankruptcy, to the'petition of the American Bonding Company of Baltimore and others, asserting their right to have their claims paid out of a fund in the hands of the trustee prior to all other creditors, the petitioners appeal.
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Petition for Revision of Proceedings of the District Court In the matter of P. McGarry & Son, bankrupts. From an order of the District Court sustaining the demurrer of the Central Trust Company of Illinois, trustee in bankruptcy, to the'petition of the American Bonding Company of Baltimore and others, asserting their right to have their claims paid out of a fund in the hands of the trustee prior to all other creditors, the petitioners appeal. The bankrupt contracted with, the United States to furnish all material and perform all labor necessary to install certain improvements in Post Hospital…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). The act requiring the giving of a bond by the contractor is entitled “An act for the protection of persons furnishing material and labor for the construction of public works.” Page 2523, Compiled Statutes 1901. One of the purposes of this act, it was held by the court in United States v. National Surety Co., 92 Fed, 549, 34 C. C. A. 526, and also *402in United States v. Rundle, 100 Fed. 400, 40 C. C. A. 450, was to afford full protection to all persons who supplied material or labor in the construction of public buildings or other public works. In the…
2Cases cited9 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- United States Fidelity & Guaranty Co. v. BraySupreme Court of the United States · 1912
- Whitney v. WenmanSupreme Court of the United States · 1905
- United States, ex rel. Fidelity Nat. Bank v. RundleCourt of Appeals for the Ninth Circuit · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- National Surety Corporation v. United StatesUnited States Court of Claims · 1955
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Belknap Hardware & Mfg. Co. v. Ohio River Contract Co.Court of Appeals for the Sixth Circuit · 1921
- State Ex Rel. Southern Surety Co. v. SchlesingerOhio Supreme Court · 1926
- National Surety Corp. v. United StatesUnited States Court of Claims · 1955
23 more not listed; retrieve them via the Exa API.