Fidelity & Deposit Co. v. Agnew
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the District of New Jersey.
1Opinion of the Court
ARCHBALD, District Judge.
The provision in a building or working contract that the contractor or builder shall be paid as the work progresses according to the amount of materials furnished or work performed, upon estimates to be made by the supervising architect or engineer, whether a percentage is to be retained therefrom, until the whole is done or not, redounds to the benefit of a surety or guarantor of the party who is to fulfill the contract; and, upon payment being made in disregard of it, there is such a departure from the contract upon which the undertaking of the surety or guarantor…
2Cases cited5 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Village of Chester v. LeonardSupreme Court of Connecticut · 1897
- Welch v. Hubschmitt Building & Woodworking Co.Supreme Court of New Jersey · 1897
- Shelton v. American Surety Co.Court of Appeals for the Third Circuit · 1904
- Shelton v. American Surety Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
3Cited by21 opinions
- Williams v. BaldwinTexas Commission of Appeals · 1921
- Ramada Development Company, a Corporation v. United States Fidelity & Guaranty Company, a CorporationCourt of Appeals for the Sixth Circuit · 1980
- American Auto Insurance Co. v. United States of America, for the Use and Benefit of Alvah C. Luce, D/B/A Northern Electric Service & Supply Co.Court of Appeals for the First Circuit · 1959
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Doyle v. FaustMichigan Supreme Court · 1915
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