Cox v. Fidelity & Deposit Co. of Maryland
Michigan Supreme Court
Error to Marquette; Stone, J. Assumpsit by Margaret Cox against August Anderson and William Kilbride, copartners as Anderson & Kilbride, principals, and the Fidelity & Deposit Company of Maryland, surety, upon a building contractor’s bond. A judgment sustaining a demurrer to the declaration is reviewed by plaintiff on writ of error.
1Opinion of the CourtBrooke, J.
The plaintiff in this case is a nonresident of the city of Ishpeming. The defendants Anderson & Kilbride, a copartnership, were during the year 1906 contractors laying cement sidewalks in said city. The defendant the Fidelity & Deposit Company of Maryland had executed a bond to the city of Ishpeming. On the 23d day of October, 1906, the plaintiff avers that she was injured by falling over an uncompleted walk being constructed by Anderson & Kilbride; the said walk at the time being protected by a defective barrier, and unlighted. She sets up in her declaration the bond in question, as follows:
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2Cases cited1 opinion
- Thompson v. City of West Bay CityMichigan Supreme Court · 1904
3Cited by4 opinions
- Binswanger v. Employers Liability Assurance Corp.Missouri Court of Appeals · 1930
- In Re Landwehr's EstateMichigan Supreme Court · 1938
- Grinnell Realty Co. v. General Casualty & Surety Co.Michigan Supreme Court · 1931
- People ex rel. T. B. Townsend Brick & Contracting Co. v. BowenMichigan Supreme Court · 1915