Legal Opinion

United States ex rel. Port Blakely Mill Co. v. Massachusetts Bonding & Ins.

District Court, W.D. Washington

Decided August 8, 1912No. 1,949PublishedCited by 8 opinions

At Law. Action by the United States, for the use of Port Blakely Mill Company, a corporation, and for the use of certain others, against the Massachusetts Bonding & Insurance Company, the John'Douglas Company, the Brunswick-Balke-Collander Company, and the Rogers & Kohler Company, interveners. Judgment ordered for certain of the use plaintiffs and interveners.

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At Law. Action by the United States, for the use of Port Blakely Mill Company, a corporation, and for the use of certain others, against the Massachusetts Bonding & Insurance Company, the John'Douglas Company, the Brunswick-Balke-Collander Company, and the Rogers & Kohler Company, interveners. Judgment ordered for certain of the use plaintiffs and interveners. This is a suit brought to recover from the defendant upon a bond for $53,674, given by it to secure the performance of a contract entered into by E. J. Bounds and M. J. Hursen, copartners, with the United States for the erection of…

1Opinion of the CourtCushman, District Judge

(after stating the facts as above). Upon the argument and briefs, the defendant seeks to avoid liability upon several grounds, among others, because no affidavits were filed by claimants with the quartermaster’s department, as required by the statute. This objection goes to all the claims. The statute provided:

“(Contractors for Public Buildings or Work to Give Bond to Pay for Labor and Material — Suit on Bond.) That the act entitled tAn act for the protection of persons furnishing materials and labor for the construction of public works,’ approved August thirteenth, eighteen hundred and…

2Cases cited1 opinion

  1. Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910

3Cited by8 opinions

  1. United States ex rel. Jackson Ornamental Iron & Bronze Works v. BrentDistrict Court, W.D. South Carolina · 1916
  2. Consolidated Indemnity Ins. Co. v. Texas Co.Supreme Court of Alabama · 1932
  3. United States v. Macy & Co.Court of Customs and Patent Appeals · 1925
  4. Board of Public Education v. Aetna Casualty & Surety Co.Superior Court of Delaware · 1932
  5. Olson Construction Co. v. United States ex rel. Cooper Supply Co.Court of Appeals for the Tenth Circuit · 1964

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