Henningsen v. United States Fidelity & Guaranty Co. of Baltimore
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Western District of Washington. The record shows that on the 15th of May, 1903, the appellants R. M. Henningsen and Edward W. Clive, then being copartners, entered into a contract in writing with G. S. Bingham, major and quartermaster, United States army, representing the government of the United States, for the construction of certain buildings at Fort Lawton, in the state of Washington, for…
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Appeal from the Circuit Court of the United States for the Northern Division of the Western District of Washington. The record shows that on the 15th of May, 1903, the appellants R. M. Henningsen and Edward W. Clive, then being copartners, entered into a contract in writing with G. S. Bingham, major and quartermaster, United States army, representing the government of the United States, for the construction of certain buildings at Fort Lawton, in the state of Washington, for the faithful performance of which contract on the part of Henningsen and Clive they, as principals, and the United…
1Opinion of the CourtRoss, Circuit Judge
The real question in the case is one of priority of equities as between the bank and the surety company. In the first place, it is to be noted that it does not appear that the money loaned to Henningsenby the bank was loaned upon the agreement on his part to use it in-the performance of the contract in question, nor does it appear that as a matter of fact it was so used.
Spencer, the trustee, and cashier of the bank, being asked whether Henningsen made any statement as to the purpose for which he wished to borrow the money, answered:
“A. Yes; he stated at the time that he was being hampered on…
2Cases cited9 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- United States v. GillisSupreme Court of the United States · 1877
- Spofford v. KirkSupreme Court of the United States · 1878
- McKnight v. United StatesSupreme Court of the United States · 1879
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- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
- Joint School District No. 4 v. Bailey-Marsh Co.Wisconsin Supreme Court · 1923
- American Bonding Co. of Baltimore v. Central Trust Co. of IllinoisCourt of Appeals for the Seventh Circuit · 1917
- Hardaway v. National Surety Co.Court of Appeals for the Sixth Circuit · 1907
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