Mundy v. Stevens
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. This was an action upon a bond given to se,eure the performance of a contract, and was brought by C. Amory Stevens against James A. Mundy, JdSeph Busch, and William B. Johns, doing business as James A. Mundy & Co., as principals, and John M. Sharp and Clarence Busch as sureties.
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In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. This was an action upon a bond given to se,eure the performance of a contract, and was brought by C. Amory Stevens against James A. Mundy, JdSeph Busch, and William B. Johns, doing business as James A. Mundy & Co., as principals, and John M. Sharp and Clarence Busch as sureties. The material facts were as follows: James A. Mundy & Co. had contracted with the United States to furnish the necessary plant and do the work required for the improvement of the harbor of Philadelphia, and they were hound to…
1Opinion of the Court
ACHESON, Circuit Judge.
In treating this case, we will consider, first, the seventh assignment of error, which is based upon the following exception, namely:
*82“Counsel for defendants except to so much of the charge as states that the verdict should be for the plaintiff unless the jury find that the defendants believed, on August 16, that the plaintiff would not finish the work by January 1.”
This was the only exception to the charge, which wás very full,— covering every branch of the case. The exception, it will be perceived, does not quote any part of the charge, but goes only to the supposed…
Also in this document: Per curiam.
2Cases cited5 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Bragg v. ShainCalifornia Supreme Court · 1874
- Boyd v. CherryU.S. Circuit Court for the District of Iowa · 1883
- Harper v. National Life Ins. Co. of MontpelierCourt of Appeals for the Third Circuit · 1893
- Kurtz v. BeckerU.S. Circuit Court for the District of District of Columbia · 1840
3Cited by5 opinions
- Cooper Investments v. CongerColorado Court of Appeals · 1989
- United States v. TylerDistrict Court, N.D. Iowa · 1963
- United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
- United States v. Merchants Mutual Bonding CompanyDistrict Court, N.D. Iowa · 1963
- National Surety Co. v. New Mexico ex rel. Sandoval CountyCourt of Appeals for the Eighth Circuit · 1926