Legal Opinion

Smith v. Mosier

U.S. Circuit Court for the District of Northern New York

Decided March 23, 1909PublishedCited by 12 opinions

At Law. Action to recover, in behalf of F. Lewis Smith, the sum of $642.08, with interest from August 1, 1905, under a statute of the United States providing for the giving of a bond by contractors with the United States for the performance of work, etc., containing a provision that the obligors shall and will in all respects 1 duly and fully observe and perform all the covenants, etc., of the contract, and that the obligors will promptly make full payment to all persons…

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At Law. Action to recover, in behalf of F. Lewis Smith, the sum of $642.08, with interest from August 1, 1905, under a statute of the United States providing for the giving of a bond by contractors with the United States for the performance of work, etc., containing a provision that the obligors shall and will in all respects 1 duly and fully observe and perform all the covenants, etc., of the contract, and that the obligors will promptly make full payment to all persons supplying them labor or materials in the prosecution of the work provided for in said contract.

1Opinion of the Court

RAY, District Judge.

On or about the 16th day of November, 1903, Mosier & Summers, a copartnership, entered into a contract with the United States for the construction of 16 brick buildings at Ft. Ontario, in the state of New York, at a price agreed upon—$223,795.87.

Under and pursuant to the statute in such cases made and provided, said Mosier & Summers as principals, and the Empire State Surety Company as surety, on or about the 21st day of November, 1903, duly executed and delivered their bond reciting the contract, and which bond was conditioned in substance and effect that Mosier & Summers…

2Cases cited47 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Russell v. PlaceSupreme Court of the United States · 1877
  3. Reynolds v. StocktonSupreme Court of the United States · 1891
  4. United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
  5. Clark v. SmithSupreme Court of the United States · 1839

42 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Moyer v. United States, for Use of Trane Co.Court of Appeals for the Fourth Circuit · 1953
  2. C. S. Luck & Sons, Inc. v. BoatwrightSupreme Court of Virginia · 1932
  3. Connecticut General Life Ins. Co. of Hartford v. YawDistrict Court, W.D. New York · 1931
  4. National Surety Co. of New York v. UlmenCourt of Appeals for the Ninth Circuit · 1933
  5. Lanstrum v. ZumwaltMontana Supreme Court · 1925

7 more not listed; retrieve them via the Exa API.

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