National Market Co. v. Maryland Casualty Co.
Washington Supreme Court
Appeal from a judgment of the superior court for King county, Mackintosh, J., entered May 19, 1917, upon sustaining a demurrer to the complaint, dismissing an action on a contractor’s bond.
1Opinion of the CourtParker, J.
The plaintiff, National Market Company, claiming to be the assignee of certain claims for labor performed upon public work of the city of Se*371attle, secured by bond executed by the defendant, Maryland Casualty Company, as surety, under Rem. Code, § 1159, seeks recovery against the defendant upon such bond. The defendant demurred to the plaintiff’s complaint upon the sole ground that it “does not state facts sufficient to constitute a cause of action.” This demurrer was sustained by the superior court, and the plaintiff electing not to plead further, judgment of dismissal with prejudice was…
2Cases cited3 opinions
- Northwestern National Bank v. Guardian Casualty & Guaranty Co.Washington Supreme Court · 1916
- Gilmore v. WestermanWashington Supreme Court · 1896
- Small v. SmithSupreme Court of Minnesota · 1912
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- J.W.D., Inc. v. Federal Insurance Co.Court of Appeals of Texas · 1991
- Dysart Corp. v. Seaboard Surety Co.Supreme Court of Connecticut · 1997
- Anderson v. National Bank of TacomaWashington Supreme Court · 1928
- International Commercial Collectors, Inc. v. Mazel Co.Court of Appeals of Washington · 1987
- Finch v. EnkeSouth Dakota Supreme Court · 1929
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