Legal Opinion
National Surety Corp. v. United States
United States Court of Claims
Decided July 12, 1955No. 419-52; No. 149-53PublishedCited by 28 opinions
1Opinion of the CourtWhitaker, Judge
These cases involve contests between surety companies on a defaulting contractor’s payment bonds and a bank which sues under an assignment of the moneys due on the contracts given by the contractor to secure loans by the bank.
In both cases, on default of the contractor, the sureties paid laborers and materialmen to whom the contractor was indebted for labor and material furnished in the performance of the contracts. They claim subrogation to their rights against the contractor and to the rights of the United States on the bonds.
1. Contests between a bank and a surety company have been before…
2Cases cited18 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- American Surety Co. v. Westinghouse Electric Manufacturing Co.Supreme Court of the United States · 1935
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- The National Shawmut Bank of Boston v. New Amsterdam Casualty Co., Inc.Court of Appeals for the First Circuit · 1969
- United States Fidelity & Guaranty Co. v. United StatesUnited States Court of Claims · 1973
- Trinity Universal Insurance Company and First National Bank in Dallas v. United StatesCourt of Appeals for the First Circuit · 1967
- American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
- Active Fire Sprinkler Corp. v. The United States Postal Service and John T. Brady and Company, DefendantsCourt of Appeals for the Second Circuit · 1987
23 more not listed; retrieve them via the Exa API.