City of Alpena ex rel. O'Brien v. Title Guaranty & Surety Co.
Michigan Supreme Court
Error to Alpena; Emerick, J. Assumpsit by the city of Alpena, for the use and benefit of Michael O’Brien, against the Title Guaranty & Surety Company upon a statutory,bond. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.
1Opinion of the CourtBrooke, J.
This case grows out of the controversy discussed in the case of the City of Alpena, for use of Besser, v. Surety Co., ante, 329 (123 N. W. 1126). The determination in that case is controlling of the case at bar, so far as it is applicable to the facts now before us.
The use plaintiff herein is assignee of nine different claims against the Murray Company for labor performed upon the dredge used by that company in the prosecution of the work under its contract with the city of Alpena. A portion of the time of each of the assignors for which pay is claimed was spent in raising the dredge, so that…
2Cases cited1 opinion
- City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
3Cited by8 opinions
- Standard Boiler Works v. National Surety Co.Washington Supreme Court · 1912
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- Clifton v. NordenSupreme Court of Minnesota · 1929
- Union Indemnity Co. v. State Ex Rel. R. S. Armstrong & Bro.Supreme Court of Alabama · 1928
- City of Alpena ex rel. Gilchrist v. Title Guaranty & Surety Co.Michigan Supreme Court · 1912
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