Legal Opinion

Ochs v. M. J. Carnahan Co.

Indiana Court of Appeals

Decided January 5, 1906No. 5,587Published

From Orange Circuit Court; Thomas B. Buskirk, Judge. Action by the M. J. Carnahan Company against IT. Edward Ochs and others. From a judgment for plaintiff, defendants appeal.

1Opinion

On Petition for Rehearing.

Roby, J.

Since the opinion herein was filed the question as to the right of a materialman to recover upon the contractor’s bond has been presented to this court in a number of other cases. In one of them oral argument was had, while elaborately and carefully prepared briefs have been submitted by most capable lawyers, and the ruling on this petition, which has been withheld pending such further investigation, will be made after the court has at least had an opportunity to be informed upon the subject.

*1614'. *160It is held by the English decisions that where two persons make a…

Also in this document: Dissent.

2Cases cited26 opinions

  1. Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
  2. Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
  3. Jordan v. KavanaughSupreme Court of Iowa · 1884
  4. Baker & Co. v. BryanSupreme Court of Iowa · 1884
  5. Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905

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