Legal Opinion

American Fidelity Co. v. East Ohio Sewer Pipe Co.

Indiana Court of Appeals

Decided April 24, 1913No. 7,970PublishedCited by 2 opinions

From Marion Circuit Court (17,579) ; Charles Bemster, Judge. Action by tbe East Ohio Sewer Pipe Company against Thomas J. Markey and others. From a judgment for plaintiff, the defendant, American Fidelity Company of Montpelier,( Vermont, appeals.

1Opinion of the CourtShea, J.

— Action by appellee, East Ohio Sewer Pipe Company, to recover the amount due for certain sewer pipe sold by it to Thomas J. Markey for use in constructing a sewer in the city of Indianapolis, under a contract between Markey, doing business under the name of Thomas J. Mar-key & Company, and said city. The action was primarily against said Markey and appellant, as principal and surety, respectively, upon a bond given to secure the performance of the contract. The city of Indianapolis, its comptroller, treasurer, and The Home Bond Company were made parties defendant because of the alleged…

2Cases cited15 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
  4. Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
  5. First National Bank v. . WoodNew York Court of Appeals · 1877

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3Cited by2 opinions

  1. Gates v. FauvreIndiana Court of Appeals · 1918
  2. Faylor v. KoontzIndiana Court of Appeals · 1917

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