People ex rel. Zeeland Brick Co. v. Fidelity & Deposit Co.
Michigan Supreme Court
Error to Ottawa; Cross, J. Assumpsit by the People of the State of Michigan for the use and benefit of the Zeeland Brick Company against the Fidelity & Deposit Company of Maryland and others on a surety bond. Judgment for plaintiff. Defendant Fidelity & Deposit Company brings error. On October 8, 1909, George Rickman Sons Company, a corporation, entered into a written contract with the city of Holland for the erection of a city hall.
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Error to Ottawa; Cross, J. Assumpsit by the People of the State of Michigan for the use and benefit of the Zeeland Brick Company against the Fidelity & Deposit Company of Maryland and others on a surety bond. Judgment for plaintiff. Defendant Fidelity & Deposit Company brings error. On October 8, 1909, George Rickman Sons Company, a corporation, entered into a written contract with the city of Holland for the erection of a city hall. On October 12, 1909, George Rickman Sons Company, as principal, and the defendant the Fidelity & Deposit Company, as surety, executed a bond to the people of the…
1Opinion of the CourtBrooke, J.
(after stating the facts). On July 23, 1915, this court handed down a decision in the case of the People, for use of Contracting Co., v. Bowen, 187 Mich. 257 (153 N. W. 672), in which it was held that a paid surety could not avoid liability upon its bond by showing that credit had been emended, to the principal in the bond, without the knowledge of the surety, in the absence of a showing that such extension of time operated to the injury of the surety. The material facts in the case at bar are identical with those in the case of the People v. Bowen, supra. It is contended that at the time of…
2Cases cited5 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Simons v. Supreme Council American Legion of HonorNew York Court of Appeals · 1904
- People ex rel. T. B. Townsend Brick & Contracting Co. v. BowenMichigan Supreme Court · 1915
- Leeson v. AndersonMichigan Supreme Court · 1894
- Cunningham v. IrwinMichigan Supreme Court · 1914
3Cited by5 opinions
- Cochran v. National Casualty Co.Michigan Supreme Court · 1933
- Thal v. Detroit Board of EducationMichigan Supreme Court · 1946
- Aston v. ElkowMichigan Supreme Court · 1937
- Monroe v. BixbyMichigan Supreme Court · 1951
- Birenberg v. RazgunasMichigan Supreme Court · 1935