United States v. Carpenter
Superior Court of Delaware
Facts: John Jacoby entered into a contract with the District of Columbia to construct certain sewers in the City of Washington. Under the statute of the United States he was required to enter into a bond with surety for the performance of his contract for $170,000. Among other conditions in the bond, was this; that he should “promptly make payments to all persons supplying him labor and materials in the prosecution of the work provided for in such contracts.”
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Facts: John Jacoby entered into a contract with the District of Columbia to construct certain sewers in the City of Washington. Under the statute of the United States he was required to enter into a bond with surety for the performance of his contract for $170,000. Among other conditions in the bond, was this; that he should “promptly make payments to all persons supplying him labor and materials in the prosecution of the work provided for in such contracts.” He gave as securities upon this bond Joseph L. Carpenter, Jr., and John P. Allmond, the defendants in this cause; this action being an…
1Opinion of the Court
(After a protracted discussion of the above points and the citation of numerous authorities by the respective counsel, the Court rendered the following opinion:)
Pennewill, J.:
This is a very important question, and we have had but a very short time in which to consider it. It is manifestly vital. We do not feel that we ought to exclude this testimony at this stage of the case. What our opinion may be if we shall charge the jury, or at a later stage of the case, we cannot now state. That will be a matter for argument later.
Is there any other ground of objection?
Mr. Prentiss:—We have a further…
2Cases cited29 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Embury v. . ConnerNew York Court of Appeals · 1850
- Davis v. BrownSupreme Court of the United States · 1877
- Drummond v. Executors of PrestmanSupreme Court of the United States · 1827
- Nichols v. DibrellTexas Supreme Court · 1884
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