Daly v. Busk Tunnel Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This action was brought by Margaret P. Daly, as executrix of Marcus Daly, deceased, the plaintiff in error, against the Busk Tunnel Railway Company, the defendant in error (hereinafter termed the “Tunnel Company”), to recover the sum of $22,500 which had been paid by the plaintiff’s intestate to the Tunnel Company on October 2S, 1895. The grounds on which the plaintiff predicated her right to…
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In Error to the Circuit Court of the United States for the District of Colorado. This action was brought by Margaret P. Daly, as executrix of Marcus Daly, deceased, the plaintiff in error, against the Busk Tunnel Railway Company, the defendant in error (hereinafter termed the “Tunnel Company”), to recover the sum of $22,500 which had been paid by the plaintiff’s intestate to the Tunnel Company on October 2S, 1895. The grounds on which the plaintiff predicated her right to recover were these: She alleged, in substance, that on July 21, 1890, the Tunnel Company entered into a contract with one…
1Opinion of the CourtThayer, Circuit Judge
In view of the foregoing statement, it will be observed that the case ai bar is prosecuted upon the theory that, when the plaintiff's intestate *515paid the sum of $22,500 by way of compromise and settlement of his liability as a surety on the bond of Keefe, he had in fact been released from all liability thereon by reason of the action of the Tunnel Company in enlarging to a certain extent the bore of the tunnel by agreement with Keefe, and also by reason of its action in paying to the contractor the sum of $61,000, which, under the terms of the contract, it should have retained until the…
2Cases cited9 opinions
- Cleaveland v. RichardsonSupreme Court of the United States · 1889
- Duffield v. HueSupreme Court of Pennsylvania · 1889
- Chadsey v. . GuionNew York Court of Appeals · 1884
- Hager v. ThomsonSupreme Court of the United States · 1862
- Swem v. GreenSupreme Court of Colorado · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Big Diamond Mills Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1931
- Snow Mountain Water & Power Co. v. KranerCalifornia Supreme Court · 1923
- Kiefer Oil & Gas Co. v. McDougalCourt of Appeals for the Eighth Circuit · 1915
- General Discount Corp. v. SchramDistrict Court, E.D. Michigan · 1942
- George v. ParryDistrict Court, S.D. New York · 1978
5 more not listed; retrieve them via the Exa API.