Babcock v. American Surety Co. of New York
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of South Dakota; Jas. D. Elliott, Judge. Action by Babcock & Wilcox against Silas N. Opdahl and the American Surety Company of New York. From a judgment for defendant Surety Company, plaintiffs appeal.
1Opinion of the Court
GARLAND, Circuit Judge.
The appellants brought this action as an action in equity against Opdahl and the surety company, to recover the value of materials sold by appellants to Opdahl and used in the construction of the dormitory hereinafter mentioned. The complaint contained two causes of action. The first cause of action was an action at law upon a bond given by Opdahl and the surety company to secure the faithful performance of a contract which Opdahl had entered into with the United States for the construction and completion of a brick dormitory at the Pierre Indian School, Pierre, S. D.,…
2Cases cited4 opinions
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Greenfield Lumber & Ice Co. v. ParkerIndiana Supreme Court · 1902
- Union Sewer Pipe Co. v. OlsonSupreme Court of Minnesota · 1901
- Scott-Graff Lumber Co. v. Independent School District No. 1Supreme Court of Minnesota · 1910
3Cited by25 opinions
- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- United States Ex Rel. Edward E. Morgan Co. v. Maryland Casualty Co.Court of Appeals for the Fifth Circuit · 1945
- United States v. StarrCourt of Appeals for the Fourth Circuit · 1927
- United States ex rel. W. B. Young Supply Co. v. StewartCourt of Appeals for the Eighth Circuit · 1923
- American Casualty Company of Reading, Pennsylvania v. Brezina Construction Company, Inc.Court of Appeals for the Eighth Circuit · 1961
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