City Trust, Safe Deposit & Surety Co. of Philadelphia v. United States
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment, entered upon a verdict directed by the court, in favor of defendant in error who was plaintiff below.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment, entered upon a verdict directed by the court, in favor of defendant in error who was plaintiff below. The action was brought upon a bond executed by John J. O’Brien and John C. Sheehan, copartners in business under the firm name of O’Brien & Sheehan, as principals, and the Oily Trust, etc., Company, as surety, under Act Cong. Aug. 13, 1894, c. 280, 28 Stat. 278 [U. S. Comp. St. 1901, p. 2523], The bond was conditioned for the faithful…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). 1. The defendant trust company contends that the complaint should have been dismissed on the ground that coal is not a material supplied and used in the performance of the work, within the meaning of the act of 1894. Very many authorities are cited, but it will not be necessary to refer particularly to any except such as deal with the federal statute. As was pointed out in American Surety Company v. Laurenceville Cement Co. (C. C.) 110 Fed. 717, the ordinary mechanic’s lien statutes of the different states are not all expressed in the same language, and few, if any,…
2Cases cited13 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- Smith v. . WestonNew York Court of Appeals · 1899
- Giant Powder Co. v. San Diego Flume Co.California Supreme Court · 1889
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- United States ex rel. John Davis Co. v. Illinois Surety Co.Court of Appeals for the Seventh Circuit · 1915
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- National Surety Co. v. United States ex rel. Pittsburgh & Buffalo Co.Court of Appeals for the Sixth Circuit · 1916
- Johnson v. StarrettSupreme Court of Minnesota · 1914
- United States v. Seaboard Surety Co.District Court, D. Montana · 1938
20 more not listed; retrieve them via the Exa API.