United States v. McMullen
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the liability of contractors and sureties upon a contract with the United States for dredging and a bond given for completion thereof, are stated in the opinion. The Solicitor General for the United States. The time of performance was extended without the consent of sureties, and thereby they, are discharged. Miller v. Stewart, 9 Wheat. 680; Reese v. United States, 9 Wall. 13; Fed. Cas.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the liability of contractors and sureties upon a contract with the United States for dredging and a bond given for completion thereof, are stated in the opinion. The Solicitor General for the United States. The time of performance was extended without the consent of sureties, and thereby they, are discharged. Miller v. Stewart, 9 Wheat. 680; Reese v. United States, 9 Wall. 13; Fed. Cas. No. 9591; Driscoll v. Winters, 122 California, 66. The only rule for the construction of a surety’s obligation to perform a…
1Opinion of the CourtJustice Holmes
This is a suit upon a contract for dredging and a bond made part of the contract, both executed by the New York Dredging Company as principal and by the defendants in error as sureties. The plaintiff got judgment in the Circuit Court, but in the Circuit Court of Appeals the judgment was reversed on the ground that the time for performance had been extended, and was ordered to be entered for the defendants. 167 Fed. Rep. 460. 93 C. C. A. 96. The contract provided that if, during the progress of the work, any changes in the plans or specifications should be deemed desirable by the Government,…
2Cases cited9 opinions
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- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- United States v. GleasonSupreme Court of the United States · 1900
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
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3Cited by40 opinions
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- The AtlantenSupreme Court of the United States · 1920
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
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