People ex rel. Hirth v. Powers
Michigan Supreme Court
Error to Kent; Adsit, J. Assumpsit by the People of the State of Michigan, for the use and benefit of Anton Hirth and Fred H. Hirth, against John Powers, Abram B. Knowlson, and James McDermott, upon a statutory bond. From a judgment for plaintiffs, defendants bring error.
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Error to Kent; Adsit, J. Assumpsit by the People of the State of Michigan, for the use and benefit of Anton Hirth and Fred H. Hirth, against John Powers, Abram B. Knowlson, and James McDermott, upon a statutory bond. From a judgment for plaintiffs, defendants bring error. The payment of the antecedent debt to the plaintiffs constituted such a diversion of moneys earned under the improvement contract as to release the sureties, so far as plaintiffs’ claim is concerned, or, at least, to reduce their liability to the extent of such payment. 2 Brandt, Sur. § 345; Calvert v. London Dock Co., 2…
1Opinion of the CourtHooker, J.
The defendant Powers was a paving contractor, and the other defendants are his sureties upon a bond given in compliance with the statute (2 How. Stat. §§ 84115, 8411c, and 3 How. Stat. § 8411a) to secure payment by the contractor and subcontractors for all labor, performed and materials furnished upon a contract let to him by the city of Grand Rapids for the improvement of Valley avenue. Hirth & Son were dealers in stone, and furnished the curbstone, and perhaps some stone for crossings, for this job, upon an agreement made by them with Powers soon after the contract was let by the city.…
2Cases cited2 opinions
- Avery v. Board of SupervisorsMichigan Supreme Court · 1888
- Staffon v. LyonMichigan Supreme Court · 1895
3Cited by27 opinions
- Chicago Lumber Co. v. DouglasSupreme Court of Kansas · 1913
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
- United States v. Johnson, Smathers & RollinsCourt of Appeals for the Fourth Circuit · 1933
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
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