Pulaski Hall Ass'n v. American Surety Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county against John A. McLeod and the American Surety Co. of New York to recover $3,989.25 upon defendants* bond.
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Action in the district court for Hennepin county against John A. McLeod and the American Surety Co. of New York to recover $3,989.25 upon defendants* bond. The case was tried before Leary, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict against defendant McLeod in the sum of $4,000 and against defendant surety company in the sum of $4,200. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, defendant surety company appealed.
1Opinion of the CourtHolt, J.
On September 26, 19.11, plaintiff, a corporation, let a contract for the erection of a building to the defendant John A. McLeod. McLeod was required to furnish plaintiff a bond to secure the performance of the contract. This bond in the sum of $4,000 was given by McLeod as principal and the defendant, the American Surety Co., as surety. McLeod in February, 1912, abandoned the *224work before fully completing tbe contract and failed to pay for tbe labor and materials. Mechanics’ liens were filed and the liens foreclosed. The surety company was duly notified of these foreclosure proceedings and…
2Cases cited14 opinions
- Willamette Steam Mills Lumbering & Manufacturing Co. v. Los Angeles College Co.California Supreme Court · 1892
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Craig v. CookSupreme Court of Minnesota · 1881
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
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3Cited by3 opinions
- Whitney v. KaliskeSupreme Court of Minnesota · 1915
- Kildall Fish Co. v. GiguereSupreme Court of Minnesota · 1917
- Kroeger v. Union Indemnity Co.Arizona Supreme Court · 1932