Miller v. American Bonding Co.
Supreme Court of Minnesota
Action in the district court for Winona county to recover $5,391.53 upon defendant’s bond as surety for Prinz & Carlson for the performance of their contract with the county of Winona for the construction of State Rural Highway No. 3. Defendant’s demurrers to the second, third, seventeenth, twenty-third, twenty-sixth and thirty-first causes of action were overruled and the demurrers to the sixth, seventh, eighth, twelfth, thirteenth, fifteenth, sixteenth, nineteenth,…
Read the full summary
Action in the district court for Winona county to recover $5,391.53 upon defendant’s bond as surety for Prinz & Carlson for the performance of their contract with the county of Winona for the construction of State Rural Highway No. 3. Defendant’s demurrers to the second, third, seventeenth, twenty-third, twenty-sixth and thirty-first causes of action were overruled and the demurrers to the sixth, seventh, eighth, twelfth, thirteenth, fifteenth, sixteenth, nineteenth, twenty-first and twenty-seventh were sustained, Snow, J. Crane & Ordway Company and W. J. Landon and F. C. Landon, partners…
1Opinion of the CourtHolt, J.
On the twelfth of August, 1913, separate contracts were let by the county of Winona for the construction of two concrete state rural highways under the Elwell law to the partnership of Prinz & Carlson, and the defendant bonding company gave the statutory bonds. The contractors entered upon the work, but abandoned it in the fall of 1913, leaving unpaid a number of claims for labor, materials, tools and machinery procured in the performance of the work by themselves and subcontractors. Many of these claims were assigned to plaintiff, who herein seeks to enforce them against the bonding company.…
2Cases cited5 opinions
- Johnson v. StarrettSupreme Court of Minnesota · 1914
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Union Sewer Pipe Co. v. OlsonSupreme Court of Minnesota · 1901
- Fairmont Cement Stone Manufacturing Co. v. DavisonSupreme Court of Minnesota · 1913
- Rosman v. Bankers Surety Co.Supreme Court of Minnesota · 1914
3Cited by18 opinions
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Clifton v. NordenSupreme Court of Minnesota · 1929
- Yancey Bros. v. American Surety Co.Court of Appeals of Georgia · 1931
- Union Indemnity Co. v. State Ex Rel. R. S. Armstrong & Bro.Supreme Court of Alabama · 1928
13 more not listed; retrieve them via the Exa API.