Legal Opinion

New Hampshire Fire Insurance v. Perkins

District Court, D. Delaware

Decided May 11, 1962No. Civ. A. No. 2322PublishedCited by 4 opinions

1Opinion of the Court

RODNEY, Senior District Judge.

The present questions arise from a motion by the plaintiff for a so-called “partial” summary judgment, pursuant to Rule 56(d) F.R.Civ.P., 28 U.S.C.

The plaintiff, a surety on a construction contract executed in connection with work done by W. E. Dunn Construction Company, sues the defendant personally as an alleged indemnitor with reference to the surety bond. The defendant by his answer denies any personal liability and alleges the contract was altered in that respect subsequent to its execution. With this question of alteration we are not concerned in the…

2Cases cited4 opinions

  1. Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
  2. Biggins v. Oltmer Iron WorksCourt of Appeals for the Seventh Circuit · 1946
  3. Coffman v. Federal Laboratories, Inc.Court of Appeals for the Third Circuit · 1948
  4. Woods v. MertesDistrict Court, D. Delaware · 1949

3Cited by4 opinions

  1. Wegmans Food Markets, Inc. v. Scrimpsher (In Re Scrimpsher)United States Bankruptcy Court, N.D. New York · 1982
  2. Corbin Douglass, Inc. v. KelleyColorado Court of Appeals · 1970
  3. United States v. GriffinDistrict Court, District of Columbia · 1982
  4. Celanese Corp. & Consolidated Subsidiaries v. United StatesUnited States Court of Claims · 1985

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