Herpolsheimer v. Hansell-Elcock Co.
Michigan Supreme Court
Appeal from Kent; Wolcott, J. Bill of interpleader by William G. Herpolsheimer against the Hansell-Elcock Company and others to determine the disposal of an amount due on a building contract. The defendant Hansell-Elcock Company filed an answer in the nature of a cross-bill, making the Fidelity & Deposit Company of Maryland a party defendant, and praying to be subrogated to the rights of complainant in an indemnity bond to the amount of its claim.
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Appeal from Kent; Wolcott, J. Bill of interpleader by William G. Herpolsheimer against the Hansell-Elcock Company and others to determine the disposal of an amount due on a building contract. The defendant Hansell-Elcock Company filed an answer in the nature of a cross-bill, making the Fidelity & Deposit Company of Maryland a party defendant, and praying to be subrogated to the rights of complainant in an indemnity bond to the amount of its claim. From a decree sustaining a demurrer of the Fidelity Company to the cross-bill, said defendant appeals. The complainant let a contract to Hayden,…
1Opinion of the CourtGrant, J.
(after stating the facts). There are two complete answers to the claim of the defendant the Han-sell-Elcock Company:
1. This is not a public bond, required by statute of public officials, given for the purpose of protecting laborers and materialmen. It is a private bond, given, not for the benefit of Mr. Herpolsheimer’s creditors, but for his own benefit; and there is no liability upon the bond until Mr. Herpolsheimer has suffered loss and makes a claim under the bond. He has neither suffered loss nor made any claim.- The Hansell-Elcock Company stands in the position of a stranger or…
2Cases cited1 opinion
- Desot v. RossMichigan Supreme Court · 1893
3Cited by4 opinions
- Crum Et Ux. v. JenkinsSupreme Court of South Carolina · 1928
- Maryland Casualty Co. v. JohnsonDistrict Court, W.D. Michigan · 1926
- Hopper Bros. Quarries v. Merchants Mutual Bonding Company, a Corporation, and Bill Curphy Company, a CorporationCourt of Appeals for the Eighth Circuit · 1958
- Walker v. BatesMichigan Supreme Court · 1928