United States ex rel. Proctor Mfg. Co. v. Illinois Surety Co.
Court of Appeals for the Second Circuit
Appeal from the-District Court of the United States for the Northern District of New York. Suit in equity by United States, on the relation of the Proctor Manufacturing Company, against the Illinois Surety Company, impleaded. Decree for complainant and intervening creditors, and defendant appeals. This cause conies here upon appeal from a decree of the District Court, Northern District, of New York.
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Appeal from the-District Court of the United States for the Northern District of New York. Suit in equity by United States, on the relation of the Proctor Manufacturing Company, against the Illinois Surety Company, impleaded. Decree for complainant and intervening creditors, and defendant appeals. This cause conies here upon appeal from a decree of the District Court, Northern District, of New York. The decree adjudged that the defendant Surety Company was liable on one of its bonds to the Proctor Manufacturing Company and certain intervening creditors. The bond was given on behalf of one…
1Opinion of the Court
RACOMBE, Circuit Judge.
[1] This cause was begun as an action at law; subsequently the District Judge by order transferred it from the law to the equity side of the court. Error is assigned to such disposition of the cause, but the point thereby raised need not be here discussed. It was disposed of adversely to appellants in our opinion in U. S. ex rel. Miller v. Mitchell, 212 Fed. 136, —- C. C. A.-.
The proposition mainly relied upon on the argument was that the notice to creditors required by the third proviso above quoted was not given in conformity with the requirements of the statute. The…
2Cases cited3 opinions
- United States Ex Rel. Alexander Bryant Co. v. New York Steam Fitting Co.Supreme Court of the United States · 1914
- Excelsior Terra Cotta Co. v. . HardeNew York Court of Appeals · 1905
- Illinois Surety Co. v. United States ex rel. MillerCourt of Appeals for the Second Circuit · 1914
3Cited by4 opinions
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923
- Robinson v. United States ex rel. Brown-Ketcham Iron WorksCourt of Appeals for the Second Circuit · 1918
- American Liability & Surety Co. v. Bluefield Supply Co.Court of Appeals for the Fourth Circuit · 1934
- United States Fidelity & Guaranty Co. v. Henderson CountyCourt of Appeals of Texas · 1923