Merchants' Nat. Bank of New Haven v. United States ex rel. Sario
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from an order made by the District Court of the United States for the Eastern District of New York, denying motions made by the plaintiffs in error (intervening plaintiffs below) for judgment against the defendants in error (who were defendants below), for reason of the failure of the defendants to appear or answer.
1Opinion of the Court
ROGERS, Circuit Judge.
[ 1 ] Ah action was brought by the United States, for the use of Sario, against the construction company and the sureties on its bond to recover for services which Sario had rendered at the request of the company in the prosecution of its work under the contract with the government to build the macadam road at Ft. Terry. The bond, which the construction company gave the United States for the faithful performance of the work, bound the company, among other things, to “promptly make full payments to all persons supplying it labor or materials in the prosecution of the work…
2Cases cited12 opinions
- Hawaii v. MankichiSupreme Court of the United States · 1903
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- Omaha Real Estate & Trust Co. v. KragscowNebraska Supreme Court · 1896
- United States v. JacksonCourt of Appeals for the Ninth Circuit · 1906
- Howard v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1894
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3Cited by8 opinions
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
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- Foust v. BibbCourt of Appeals of Texas · 1924
- Golconda Petroleum Corporation v. Petrol CorporationDistrict Court, S.D. California · 1942
- United States ex rel. J. H. Welch Co. v. Fleisher Engineering & Construction Co.District Court, W.D. New York · 1939
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