Derby v. United States Fidelity & Guaranty Co.
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Burnett. This is a suit by F. N. Derby as trustee in bankruptcy for W.' H. Rogers, doing business under the name of Rogers Plumbing & Heating Company, against the United States Fidelity & Guaranty Company, the United States National Bank and the Board of State Fair Directors. The directors do not appear to have been served or to have made any appearance in the case.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Burnett. This is a suit by F. N. Derby as trustee in bankruptcy for W.' H. Rogers, doing business under the name of Rogers Plumbing & Heating Company, against the United States Fidelity & Guaranty Company, the United States National Bank and the Board of State Fair Directors. The directors do not appear to have been served or to have made any appearance in the case. For convenience the plaintiff will be designated as trustee, the United States Fidelity & Guaranty Company will be called the company and the United States National…
1Opinion of the CourtJustice Bubnett
1-4. It is stated by the complaint and although formally denied on information and belief by the bank, it is not contested that the company entered upon and completed the three contracts after the default of Rogers. It first will be necessary to settle the matter of priority between the company and the bank. The former was the surety of Rogers, undertaking in each instance not only that he would perform all the obligations of the contract but also that he should promptly make payments to all persons supplying him with labor or materials for any portion of the work required. The bank did not…
2Cases cited9 opinions
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Shattuck v. KincaidOregon Supreme Court · 1897
- American Bonding Co. of Baltimore v. Central Trust Co. of IllinoisCourt of Appeals for the Seventh Circuit · 1917
- In re Scofield Co.Court of Appeals for the Second Circuit · 1914
- Gibson v. KayOregon Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wasco Co. v. New England Equitable Ins.Oregon Supreme Court · 1918
- State Ex Rel. Southern Surety Co. v. SchlesingerOhio Supreme Court · 1926
- Atlantic Refining Co. v. Continental Casualty Co.District Court, W.D. Pennsylvania · 1960
- Levinson v. LindermanWashington Supreme Court · 1958
- Standard Acc. Ins. Co. of Detroit v. Federal Nat. Bank of ShawneeCourt of Appeals for the Tenth Circuit · 1940
21 more not listed; retrieve them via the Exa API.