McMullen v. United States
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. On or about September 14, 1897, the Navy Department of the United States advertised for proposals for dredging at the United States naval station at Port Royal, S. O. The New York Dredging Company sent a hid which was accepted, and on October 25, 1897, a contract in writing was executed by that company as principal and John McMullen and It.
Read the full summary
In Error to the Circuit Court of the United States for the Northern District of California. On or about September 14, 1897, the Navy Department of the United States advertised for proposals for dredging at the United States naval station at Port Royal, S. O. The New York Dredging Company sent a hid which was accepted, and on October 25, 1897, a contract in writing was executed by that company as principal and John McMullen and It. Percy Wright as sureties, parties of the first part, and the United States of America, party of Hie second part. To the contract was annexed a bond in the sum of…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the. facts as above). The time for the completion of the contract, which was originally 16 months from the date of the contract, was, without the consent of the sureties,-extended, for a further period of 1 year. We may premise the discussion of the question whether the sureties were thereby released from their obligation by adverting to some of the well-settled principles applicable to the obligation of a surety for the performance of his principal’s contract: (1) The contract of a surety is to be construed as any other contract — that is to say, according to the intent of the…
2Cases cited14 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- United States v. GleasonSupreme Court of the United States · 1900
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Reese v. United StatesSupreme Court of the United States · 1870
- Smith v. United StatesSupreme Court of the United States · 1865
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bloom v. BenderCalifornia Supreme Court · 1957
- United States v. McMullenSupreme Court of the United States · 1912
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- National Surety Co. v. HaleySupreme Court of Oklahoma · 1916
- Hustace v. DavisHawaii Supreme Court · 1917