National Surety Co. v. Long
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On May 23, 1901, Thomas Lee Humphreys made a written contract with E. A. Long, the plaintiff below, to construct and complete a brick building for him by September 1, 1901, for the sum of $6,600. On May 28, 1901, Humphreys, as principal, and the National Surety Company, a corporation, the defendant below, as surety, executed and delivered to Long a bond whereby they covenanted that…
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. On May 23, 1901, Thomas Lee Humphreys made a written contract with E. A. Long, the plaintiff below, to construct and complete a brick building for him by September 1, 1901, for the sum of $6,600. On May 28, 1901, Humphreys, as principal, and the National Surety Company, a corporation, the defendant below, as surety, executed and delivered to Long a bond whereby they covenanted that Humphreys should perform his contract, and save the obligee and the property from liens and loss, on the condition that the…
1Opinion of the CourtSanborn, Circuit Judge
One of the defenses of the surety company, and the only one that it will be necessary to notice in this court, was that the plaintiff below failed to comply with the third and fourth paragraphs of the bond, which by its terms constituted conditions precedent to the liability of the defendant. In so far as these paragraphs are material in this case, they read in this way:
“If, at any time, the above-named principal shall, in any manner, fail, neglect or refuse to keep, do or perform, any matter or thing at the time and in the manner in said contract set forth and specified to be by said…
2Cases cited30 opinions
- Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
- Norrington v. WrightSupreme Court of the United States · 1885
- Jeffries v. Life InsuranceSupreme Court of the United States · 1875
- Guarantee Co. of North America v. Mechanics' Savings Bank & Trust Co.Supreme Court of the United States · 1902
- Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
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3Cited by55 opinions
- Atlas Reduction Co. v. New Zealand Ins.Court of Appeals for the Eighth Circuit · 1905
- Community Bldg. Co. v. Maryland Casualty Co.Court of Appeals for the Ninth Circuit · 1925
- Ætna Indemnity Co. v. J. E. Crowe Coal & Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
- Clements v. Preferred Acc. Ins. Co.Court of Appeals for the Eighth Circuit · 1930
50 more not listed; retrieve them via the Exa API.