Tide Water Oil Co. v. Globe Indemnity Co.
Court of Appeals for the Second Circuit
In Error'to the District Court of the United States for the Southern District of New York. Action at law by the Tide Water Oil Company against the Globe Indemnity Company. Judgment for defendant, and’ plaintiff brings error. The Tide Water Company (plaintiff both here and below) made a written ■contract with one Shelly, dated April IT, 1913, for tbe erection of a building. 'The contractor therein agreed “to furnish to (plaintiff) a bond in the sum of $20,000, with surety.”
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In Error'to the District Court of the United States for the Southern District of New York. Action at law by the Tide Water Oil Company against the Globe Indemnity Company. Judgment for defendant, and’ plaintiff brings error. The Tide Water Company (plaintiff both here and below) made a written ■contract with one Shelly, dated April IT, 1913, for tbe erection of a building. 'The contractor therein agreed “to furnish to (plaintiff) a bond in the sum of $20,000, with surety.” This action is on the bond so furnished, and dated April 28, 1913. The Globe Company (defendant both here and below) is…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). In United States v. Freel, 99 Fed. 237, 39 C. C. A. 491, affirmed 186 U. S. 309, 22 Sup. Ct. 875, 46 L. Ed. 1177, we considered the effect of a change of location far less radical than is here shown. That action was on a bond given to secure performance of a contract existing when bond given, and specifically providing for “changes, alterations, or modifications in the plans,” etc. The case was heard on demurrer, and Wallace, J., pointed out that the only question presented was whether the principal contract authorized the change actually made. The change…
2Cases cited4 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- United States v. FreelSupreme Court of the United States · 1902
- United States v. McMullenSupreme Court of the United States · 1912
- United States v. FreelCourt of Appeals for the Second Circuit · 1900
3Cited by5 opinions
- Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- Bopst v. Columbia Casualty Co.District Court, D. Maryland · 1940
- United States Fidelity & Guaranty Co. v. Braspetro Oil Services Co.Court of Appeals for the Second Circuit · 2004