United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This is a writ of error to the Circuit Court of Appeals for the Second Circuit, which brings up for review the judgment of that court affirming that of the Circuit Court of the Eastern District of New York in favor of the defendant in error (plaintiff below) against the plaintiff in error for the sum of $2,054.23. The action was brought in the Circuit Court above mentioned, in the name of the United States for the…
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This is a writ of error to the Circuit Court of Appeals for the Second Circuit, which brings up for review the judgment of that court affirming that of the Circuit Court of the Eastern District of New York in favor of the defendant in error (plaintiff below) against the plaintiff in error for the sum of $2,054.23. The action was brought in the Circuit Court above mentioned, in the name of the United States for the use and benefit of Struthers Wells Company against the plaintiff in error, and against the individual defendant…
1Opinion of the CourtJustice Peckham
The demurrer put in by the plaintiff in error is founded upon an ¿mendment of the above mentioned act, which, it is contended, applies to the case before us. The amendment is set forth in the margin. 1
The record shows that the contract between Flaherty and the United States' was entered into December 10, 1903, and the material was furnished to Flaherty by the Struthers Wells Company in March, 1904. It thus appears that the bond- was executed under the provisions of the original act of Congress, and the materials were furnished Flaherty while that act was in force and before its amendment. The…
2Cases cited7 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Dash v. Van KleeckNew York Supreme Court · 1811
- Wilson v. IsemingerSupreme Court of the United States · 1902
- United States v. HethSupreme Court of the United States · 1806
- United States v. American Sugar Refining Co.Supreme Court of the United States · 1906
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3Cited by138 opinions
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- Geneva Butts v. The City of New York Department of Housing Preservation and DevelopmentCourt of Appeals for the Second Circuit · 1993
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Hallowell v. CommonsSupreme Court of the United States · 1916
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