Chicago, Rock Island & Pacific Railway Co. v. Theobald Flour Mills Co.
Supreme Court of Minnesota
Action in the district court (for Ramsey county to recover $20,638.-84 upon an indemnity bond. The case was tried upon stipulated facts before Hanft, J., who made findings and ordered judgment for the amount demanded and interest. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtDibell, J.
Action to recover upon an indemnity bond issued by the defendant Maryland Casualty Company to the plaintiff railway company. There was judgment for the plaintiff for $22,414.03 upon a trial by the court.
The indemnity bond was signed by the Theobald Flour Mills Company, as principal, and the defendant Maryland Casualty Company as surety. The plaintiff was the obligee. It did not execute the bond. It prescribed the form.
The purpose of the bond, so far as important here, was to procure the immediate delivery of cars of grain coming to the mills company at Northfield. The bills of lading, with…
2Cases cited13 opinions
- Inhabitants of Wakefield v. American Surety Co. of New YorkMassachusetts Supreme Judicial Court · 1911
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Welch v. WalshMassachusetts Supreme Judicial Court · 1901
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
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3Cited by2 opinions
- Peerless Insurance Co. v. Cerny & Associates, Inc.District Court, D. Minnesota · 1961
- Central Metropolitan Bank v. Fidelity & Casualty Co.Supreme Court of Minnesota · 1924