Legal Opinion

In the Matter of Dutcher Construction Corporation, Bankrupt

Court of Appeals for the Second Circuit

Decided February 6, 1962No. 27246_1PublishedCited by 19 opinions

1Opinion of the Court

MEDINA, Circuit Judge.

The trustee in bankruptcy of Dutcher Construction . Corporation appeals from an order of Judge Henderson, reversing the Referee and holding that petitionerappellee Reliance Insurance Company (formerly named Fire Association of Philadelphia) was entitled to a fund of $87,737.35 previously paid by the Government to the trustee. Opinion below reported at 197 F.Supp. 441.

The case is interesting and important, as it involves the controversial question of whether a surety, having paid materialmen and laborers pursuant to the terms of a payment bond, but not having completed…

2Cases cited10 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. United States Fidelity & Guaranty Co. v. Triborough Bridge AuthorityNew York Court of Appeals · 1947
  4. National Surety Corporation v. United StatesUnited States Court of Claims · 1955
  5. Royal Indemnity Co. v. United StatesUnited States Court of Claims · 1950

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  2. American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
  3. Universal Bonding Insurance Co. v. Gittens And Sprinkle Enterprises, Inc.Court of Appeals for the Third Circuit · 1992
  4. Active Fire Sprinkler Corp. v. The United States Postal Service and John T. Brady and Company, DefendantsCourt of Appeals for the Second Circuit · 1987
  5. In Re Wingspread Corp.United States Bankruptcy Court, S.D. New York · 1990

14 more not listed; retrieve them via the Exa API.

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