Legal Opinion

McClintic-Marshall Co. v. City of New Bedford

Massachusetts Supreme Judicial Court

Decided June 10, 1921PublishedCited by 18 opinions

Bill in equity, filed in the Supreme Judicial Court on February 25, 1919, under St. 1909, c. 514, § 23, in behalf of the plaintiff and of all other persons who had performed or furnished labor or had furnished materials used in the construction of a primary school building in the city of New Bedford under a contract between the city, a defendant, and the Benjamin F. Smith Company, also a defendant, and who were entitled to the benefit of a bond given under the statute by the…

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Bill in equity, filed in the Supreme Judicial Court on February 25, 1919, under St. 1909, c. 514, § 23, in behalf of the plaintiff and of all other persons who had performed or furnished labor or had furnished materials used in the construction of a primary school building in the city of New Bedford under a contract between the city, a defendant, and the Benjamin F. Smith Company, also a defendant, and who were entitled to the benefit of a bond given under the statute by the Massachusetts Bonding and Insurance Company, a defendant, to require payment of the claims of the plaintiff and…

1Opinion of the CourtCarroll, J.

This is a suit in equity brought by the plaintiff, the McClintic-Marshall Company, a subcontractor, to enforce its rights under St. 1909, c. 514, § 23, and secure for itself and others who are entitled to intervene, payment for the labor performed or furnished and materials used in the construction of a school building in the city of New Bedford. The city, by its mayor and its chairman of the committee on city property, contracted with the Benjamin F. Smith Company for the erection of a school house; and "on March. 29, 1917, the defendant Massachusetts Bonding and Insurance Company duly…

2Cases cited13 opinions

  1. Zavelo v. ReevesSupreme Court of the United States · 1913
  2. Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
  3. Guild v. ButlerMassachusetts Supreme Judicial Court · 1877
  4. Burr v. Massachusetts School for the Feeble-MindedMassachusetts Supreme Judicial Court · 1908
  5. Herrington v. . DavittNew York Court of Appeals · 1917

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3Cited by18 opinions

  1. Cámara Insular de Comerciantes Mayoristas v. AnadónSupreme Court of Puerto Rico · 1961
  2. Hobart-Farrell Plumbing & Heating Co. v. KlaymanMassachusetts Supreme Judicial Court · 1939
  3. In Re KornbluthCourt of Appeals for the Second Circuit · 1933
  4. Finegan v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1938
  5. AMERICAN AIR FILTER CO. INC. v. Innamorati Bros. Inc.Massachusetts Supreme Judicial Court · 1970

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

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