Portland v. New England Casualty Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. This is an action to recover upon a hond furnished to the City of Portland by a contractor, under a contract for the improvement of Nehalem Avenue, said bond being executed under the requirements of Section 6266, L. O. L., and Section 162 of the charter of the City of Portland, for the protection of subcontractors, materialmen and laborers employed under such contract.
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From Multnomah: Henry E. McGinn, Judge. Department 1. This is an action to recover upon a hond furnished to the City of Portland by a contractor, under a contract for the improvement of Nehalem Avenue, said bond being executed under the requirements of Section 6266, L. O. L., and Section 162 of the charter of the City of Portland, for the protection of subcontractors, materialmen and laborers employed under such contract. The beneficiary plaintiff is J. W. Hansen, whose claim is for hay and grain which he alleges were furnished to a subcontractor to feed the horses used in performing the work…
1Opinion of the CourtBenson, J.
The defendants base their right to a reversal of the judgment upon two propositions: First, that the complaint does not state facts sufficient to constitute a cause of action; and, second, that the trial court erred in denying their motion for a judgment of nonsuit.
1. The sufficiency of the complaint is challenged upon two grounds. The first is, that food for horses is neither labor nor materials, and that payment therefor is not included in the obligations of the bond. Upon the point thus raised there appears to be a conflict of authority in other jurisdictions, but so far as this court is…
2Cases cited3 opinions
- Booth v. MoodyOregon Supreme Court · 1896
- Fitch v. HowittOregon Supreme Court · 1898
- Clatsop County v. Fidelity & Deposit Co.Oregon Supreme Court · 1920
3Cited by10 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- U. S. Fidelity & Guaranty Co. v. Henderson CountyTexas Commission of Appeals · 1925
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- Duby v. HicksOregon Supreme Court · 1922
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