American Surety Co. v. United States ex rel. Melton Hardware Co.
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. The United States, suing for the use of the Melton Hardware Co., the'appellee, was plaintiff in the court below; the American Surety Co., the appellant, was defendant there. Stowell & Co. contracted with the. United States to erect a public building at Meridian, giving bond as required by an act of congress, with appellant as surety.
Read the full summary
From the circuit court of Lauderdale county. Hon. Green B. Huddleston, Judge. The United States, suing for the use of the Melton Hardware Co., the'appellee, was plaintiff in the court below; the American Surety Co., the appellant, was defendant there. Stowell & Co. contracted with the. United States to erect a public building at Meridian, giving bond as required by an act of congress, with appellant as surety. One of the conditions of the bond authorized by congress gives to anyone furnishing labor or material the right to sue on such bond in the name of the United States.-^7Stowell & Co.,…
1Opinion of the CourtWoods, C. J.
The action of the trial court in sustaining the demurrer to appellant’s special plea was correct, in the light of several decisions of the United States supreme court construing section 3477, revised statutes of the United States, 1878 (2d ed.); United States v. Gillis, 96 U. S., 407; Spofford v. Kirk, 97 U. S., 484, and McKnight v. United States, 98 U. S., 179.
The plea sets up not the assignment of a warrant or voucher issued in settlement of a claim allowed, but of a claim or demand for work unperformed, with a power of attorney to Street and Herzog, the trustees or committee, to prosecute…
2Cases cited2 opinions
- Spofford v. KirkSupreme Court of the United States · 1878
- McKnight v. United StatesSupreme Court of the United States · 1879
3Cited by3 opinions
- Fewell v. American Surety Co.Mississippi Supreme Court · 1902
- Adams v. Fidelity Mutual Life InsuranceMississippi Supreme Court · 1909
- Sprouse v. DavisMississippi Supreme Court · 1926