Legal Opinion
Illinois Surety Co. v. United States ex rel. Miller
Court of Appeals for the Second Circuit
Decided February 10, 1914No. 147PublishedCited by 8 opinions
In Error to the District Court of the United States for the Eastern District of New York. Action by the United States, to the use of Frank Miller and others, against the Illinois Surety Company. Judgment for the usees, and defendant brings error.
1Opinion of the Court
WARD, Circuit Judge.
October 13, 1909, Mitchell & Co., entered into a contract with the United States for certain work at Ft. Terry. They gave a bond in the sum of $28,000 with the Illinois Surety Company, the defendant, as surety, providing:
“Now, therefore, if the above-bounden Mitchell & Oo., their heirs, executors, or administrators, shall and will, in all respects, duly and fully observe and perform all and singular the covenants, conditions, and agreements in and by the said contract agreed and covenanted by said Mitchell & Oo. to be observed and performed according to the true intent and…
2Cases cited2 opinions
- American Surety Co. of New York v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1899
- United States ex rel. Proctor Mfg. Co. v. StannardDistrict Court, N.D. New York · 1913
3Cited by8 opinions
- National Surety Co. v. United States ex rel. Pittsburgh & Buffalo Co.Court of Appeals for the Sixth Circuit · 1916
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- Illinois Surety Co. v. United States ex rel. KelloggCourt of Appeals for the Seventh Circuit · 1915
- United States ex rel. Proctor Mfg. Co. v. Illinois Surety Co.Court of Appeals for the Second Circuit · 1915
- American Surety Co. of New York v. MillsCourt of Appeals for the Ninth Circuit · 1916
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