Empire State Surety Co. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. Wm. H. McHenry, Judge. Action in equity brought by plaintiff as surety on a bond given by the Marsh" Bridge Company to secure the performance hy the latter of the obligations of a contract with the city of Des Moines for the construction of a concrete bridge across the Des Moines river within the city limits, known as the Locust Street Bridge, to procure its release from liability oil such bond, or to be subrogated to the rights of…
Read the full summary
Appeal from Polk District Court. — Hon. Wm. H. McHenry, Judge. Action in equity brought by plaintiff as surety on a bond given by the Marsh" Bridge Company to secure the performance hy the latter of the obligations of a contract with the city of Des Moines for the construction of a concrete bridge across the Des Moines river within the city limits, known as the Locust Street Bridge, to procure its release from liability oil such bond, or to be subrogated to the rights of claimants for labor and material, who should be found to have valid claims, payable out of the amount remaining due from…
1Opinion of the CourtMcClain, J.
On August 21, 1907, tbe city of Des Moines entered into a written contract with tbe Marsh Bridge Company for tbe erection of a concrete bridge over *535thé Des Moines river at Locust street for the contract price of $124,800, to be completed in September of the following year. Dnder this contract, $25,000 in warrants drawn on the special appropriation made from the bridge fund of the current year was to be paid on estimates as the work progressed, and $25,000 more was to be paid by warrants out of the bridge fund of the next year so far as the amount of that fund would permit, and the balance of…
2Cases cited22 opinions
- American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
- Richmond & I. Const. Co. v. Richmond, N., I. & B. R.Court of Appeals for the Sixth Circuit · 1895
- Schaghticoke Powder Co. v. Greenwich & Johnsonville Railway Co.New York Court of Appeals · 1905
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Basshor v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Fitzgerald v. NealOregon Supreme Court · 1924
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Standard Boiler Works v. National Surety Co.Washington Supreme Court · 1912
20 more not listed; retrieve them via the Exa API.