Legal Opinion

Phoenix Assurance Company of New York v. Appleton City, Missouri

Court of Appeals for the Eighth Circuit

Decided December 7, 1961No. 16721_1PublishedCited by 13 opinions

1Opinion of the Court

VAN OOSTERHOUT, Circuit Judge.

Plaintiff Phoenix Assurance Company of New York (Phoenix), a corporate surety writing bonds for compensation, brought this action for declaratory judgment to have its rights and liabilities determined upon a construction bond and a statutory bond it had furnished the City of Appleton City, Missouri (City) on behalf of Reser, d/b/a Continental Construction Company, a contractor who had entered into a written contract to construct a sewage system for the City. The City in a counterclaim and cross-petition asserted that Reser had not completed the contract in…

2Cases cited18 opinions

  1. Kihlberg v. United StatesSupreme Court of the United States · 1878
  2. Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
  3. Paisley v. LucasSupreme Court of Missouri · 1940
  4. Camdenton Consolidated School District No. 6 Ex Rel. W. H. Powell Lumber Co. v. New York Casualty Co.Supreme Court of Missouri · 1937
  5. World Fire & Marine Ins. v. Carolina Mills Distributing Co.Court of Appeals for the Eighth Circuit · 1948

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3Cited by13 opinions

  1. Schaub v. VonWaldCourt of Appeals for the Eighth Circuit · 2011
  2. Sides Construction Co. v. Arcadia Valley R-II School DistrictMissouri Court of Appeals · 1978
  3. Barnwell & Hays, Inc. v. Glen T. SloanCourt of Appeals for the Eighth Circuit · 1977
  4. Haney v. Portfolio Recovery Associates, L.L.C.Court of Appeals for the Eighth Circuit · 2016
  5. Phoenix Assurance Company of New York v. City of Buckner, Missouri, Byron B. Crail and Housing and Home Finance AdministratorCourt of Appeals for the Eighth Circuit · 1962

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