Portland v. New England Casualty Co.
Oregon Supreme Court
Prom Multnomah: John B. Kavanatjgh, Judge. Statement by Mb. Justice Bean. This is an action brought by the City of Portland, for the use and benefit of W. W. Swan, against the New England Casualty Company, a corporation, the Oregon Hassam Paving Company, a corporation, and others, to recover the sum of $78.75 upon a bond executed by virtue of the terms of Section 6266, L. O. L. (Laws 1903, p. 256). That section requires that all persons firms or corporations entering into a…
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Prom Multnomah: John B. Kavanatjgh, Judge. Statement by Mb. Justice Bean. This is an action brought by the City of Portland, for the use and benefit of W. W. Swan, against the New England Casualty Company, a corporation, the Oregon Hassam Paving Company, a corporation, and others, to recover the sum of $78.75 upon a bond executed by virtue of the terms of Section 6266, L. O. L. (Laws 1903, p. 256). That section requires that all persons firms or corporations entering into a contract with the State of Oregon or any municipality, county or school district within the state,, for the construction…
1Opinion of the CourtJustice Bean
1. While the amount in issue is not large, there are other cases depending upon the result. The matter to be considered is important as well to contractors and surety companies as to laborers and materialmen. The form of the question presented is whether or not the findings support the judgment. The rights of the plaintiffs and the defendants are measured in accordance with the statutory bond required. In the execution of such an instrument the parties thereto are presumed to have had notice of and taken into consideration and understood the statute authorizing the same. The provisions of the…
2Cases cited7 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- McClain v. HuttonCalifornia Supreme Court · 1900
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
- C. S. Luck & Sons, Inc. v. BoatwrightSupreme Court of Virginia · 1932
- Fitzgerald v. NealOregon Supreme Court · 1924
- State Ex Rel. Hagquist v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1928
12 more not listed; retrieve them via the Exa API.