Wile v. United States Fidelity & Guaranty Co.
District Court, D. Alaska
This is a suit on a bond given by the defendant Harry T. MaeLean, assistant postmaster at Iditarod, Alaska. The surety on the bond is the other defendant, the United States Fidelity & Guaranty Company.
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This is a suit on a bond given by the defendant Harry T. MaeLean, assistant postmaster at Iditarod, Alaska. The surety on the bond is the other defendant, the United States Fidelity & Guaranty Company. The bond, which is set forth in the complaint, runs to the United States, is in the sum of $1,000, and is conditioned that: “If the said Harry T. MaeLean shall on and after April 1, 1914, faithfully discharge all the duties and trusts imposed on him in any position or positions in the said post office to which he shall be appointed and for which he shall duly qualify, and shall faithfully…
1Opinion of the Court
JENNINGS, District Judge.
The defendant the United States Fidelity & Guaranty Company demurs to the complaint on the grounds (1) that the plaintiff has no legal capacity to sue; (2) that there is a defect of parties plaintiff and parties defendant; (3) that the said complaint does not state facts sufficient to constitute a cause of action.
Neither the first nor second ground of the demurrer can be sustained. The third ground, to wit, that the complaint does not state facts sufficient to constitute a cause of action againt the demurrant, remains to be considered.
The provisions of the statute…
2Cases cited3 opinions
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- United States v. GriswoldArizona Supreme Court · 1904
- Idaho Gold Reduction Co. v. CroghanIdaho Supreme Court · 1899
3Cited by2 opinions
- United States Ex Rel. Midland Loan Finance Co. v. National Surety Corp.Supreme Court of the United States · 1940
- United States ex rel. Midland Loan Finance Co. v. National Surety Corp.District Court, D. Minnesota · 1938