McPharlin v. Fidelity & Deposit Co.
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by William H. J. McPharlin and another .against William H. Hibbler, principal, and the Fidelity & Deposit Company of Maryland, surety, upon a building contractor’s bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant surety •on writ of error.
1Opinion of the CourtMcAlvay, J.
This was a suit brought against defendants upon an indemnity bond given by William H. Hibbler as principal, and defendant company as surety, to recover damages by reason of the failure of defendant Hibbler to build and complete according to contract a certain house for $3,MS; such bond having been given by defendant company to guarantee the faithful performance of such contract. On the first trial plaintiffs recovered a judgment for $1,362.04. A motion for a new trial was made on the part of defendant company upon the grounds, among others:
“ That the bond sued upon provided that suit must be…
2Cases cited5 opinions
- Moses v. United StatesSupreme Court of the United States · 1897
- La Crosse National Bank v. WilsonWisconsin Supreme Court · 1889
- United States Fidelity & Guaranty Co. v. HaggartCourt of Appeals for the Eighth Circuit · 1908
- People ex rel. Norris v. MersereauMichigan Supreme Court · 1889
- Crystal Ice Co. v. United Surety Co.Michigan Supreme Court · 1909
3Cited by9 opinions
- P R Post Corp. v. Maryland Casualty Co.Michigan Supreme Court · 1978
- United States Ex Rel. Vigilanti v. Pfeiffer-Neumeyer Const. Corp.District Court, E.D. New York · 1938
- Sauer v. Detroit Fidelity & Surety Co.Michigan Supreme Court · 1927
- St. Matthew's Evangelical Lutheran Church v. United States Fidelity & Guaranty Co.Michigan Supreme Court · 1923
- In Re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1934
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