Legal Opinion

State v. Blanchard Construction Co.

Supreme Court of Kansas

Decided December 6, 1913No. 18,455PublishedCited by 17 opinions

Appeal from Shawnee district court, division No. 1; Alston W. Dana, judge. STATEMENT. The Massachusetts Bonding and Insurance Company, a corporation engaged in writing surety bonds for compensation, appeals from a judgment against it in favor of the state of Kansas upon a surety bond by the terms of which the insurance company guaranteed the performance of a certain contract entered into between the Board of Regents of the Kansas State Agricultural College and the Blanchard…

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Appeal from Shawnee district court, division No. 1; Alston W. Dana, judge. STATEMENT. The Massachusetts Bonding and Insurance Company, a corporation engaged in writing surety bonds for compensation, appeals from a judgment against it in favor of the state of Kansas upon a surety bond by the terms of which the insurance company guaranteed the performance of a certain contract entered into between the Board of Regents of the Kansas State Agricultural College and the Blanchard Construction Company. In the contract the construction company agreed to erect a mechanical engineering building and to…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

It is conceded at the outset that the rules of strict construction which control in cases of accommodation sureties are no longer applied in the case of a bond written by a corporation engaged in the business of furnishing surety for compensation. (Hull v. Bonding Co., 86 Kan. 342, 120 Pac. 544; Medical Co. v. Hamm, 89 Kan. 138, 130 Pac. 650; The Y. M. C. A. v. Ritter, 90 Kan. 332, 133 Pac. 894; Guaranty Co. v. Pressed Brick Co., 191 U. S. 416, 24 Sup. Ct. Rep. 142, 48 L. Ed. 242; Note, 23 A. & E. Ann. Cas. 1085; Note, 33 L. R. A., n. s.,…

2Cases cited7 opinions

  1. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  2. Smith v. . MollesonNew York Court of Appeals · 1896
  3. Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
  4. Hull v. Massachusetts Bonding & InsuranceSupreme Court of Kansas · 1912
  5. Young Men's Christian Ass'n v. RitterSupreme Court of Kansas · 1913

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

3Cited by17 opinions

  1. School District No. 1 v. McCurleySupreme Court of Kansas · 1914
  2. City of Montpelier v. National Surety Co.Supreme Court of Vermont · 1923
  3. Farmer v. RutherfordSupreme Court of Kansas · 1932
  4. Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931
  5. National Union Fire Insurance v. Federal Deposit InsuranceSupreme Court of Kansas · 1998

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

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