Legal Opinion

United States v. Fidelity & Deposit Co.

Court of Appeals for the Second Circuit

Decided March 5, 1907No. 59PublishedCited by 4 opinions

In Error to the Circuit Court of the United States for the Southern District of New York. Writ of error by the United States, plaintiff in the court below, to review a judgment for the defendant rendered upon a verdict by the direction of the court.

1Opinion of the Court

WAEEACE, Circuit Judge.

The action was brought by the government to recover of the defendant, as surety for one Conkling, damages alleged to have been sustained by the breach by Conkling of his contract with the government. The defendant undertook that Conkling would perform and observe all and singular the agreements on his part contained in a written contract bearing date September 26, 1899, made by him with the government for furnishing, delivering, and placing in position, for the purposes of the construction of a breakwater, “88,000 tons, more or less, of riprap stone.” The contract…

2Cases cited2 opinions

  1. United States v. PeckSupreme Court of the United States · 1880
  2. Fidelity & Deposit Co. v. United StatesCourt of Appeals for the Second Circuit · 1905

3Cited by4 opinions

  1. Commodity Credit Corporation v. Rosenberg Bros. & Co., Inc., a Corporation, Rosenberg Bros. & Co., Inc., a Corporation v. Commodity Credit CorporationCourt of Appeals for the Ninth Circuit · 1957
  2. United States v. Russell Electric Co.District Court, S.D. New York · 1965
  3. Rajotte-Winters, Inc. v. Whitney Co.Court of Appeals for the Ninth Circuit · 1924
  4. Commodity Credit Corporation v. Rosenberg Bros. & Co., Inc., a Corporation, Rosenberg Bros. & Co., Inc., a Corporation v. Commodity Credit CorporationCourt of Appeals for the Ninth Circuit · 1957

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