Portland v. American Surety Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by the City of Portland, on the relation of Van Emon Elevator Company, against American Surety Company, the Title Guaranty & Surety Company and the Western Electric Company, and others.
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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Burnett. This is a suit by the City of Portland, on the relation of Van Emon Elevator Company, against American Surety Company, the Title Guaranty & Surety Company and the Western Electric Company, and others. At the time of the occurrences mentioned in the pleadings herein there was a provision of the city charter of Portland to the effect that contractors on public works for the city should execute a bond payable to the municipality, conditioned not only for the faithful performance of the agreement, but also…
1Opinion of the CourtJustice Burnett
1. The question to be determined is whether or not Ryan had authority to execute the bond indemnifying *42the Title Company. Without a decision we pass the demurrer against the answer of the Title Company. If the bond was indeed a valid obligation of the Western, the decree was right. On the contrary, if it was not binding’, the instrument forms no obstacle to the recovery of its claim and to participation in the benefits of the contractor’s bond. The undisputed testimony is that the bond signed by Ryan in the name of the Western was taken at the instance of A. Edward Krull, a representative of…
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- Start v. Shell Oil Co.Oregon Supreme Court · 1954
- Minniti v. Cascade Emp. Ass'n, Inc.Oregon Supreme Court · 1977
- Bank of Oregon v. Hiway Products, Inc.Court of Appeals of Oregon · 1979
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