United States Fidelity & Guaranty Co. v. United States Ex Rel. Bartlett
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The United States, for the benefit of Frank P. Bartlett, brought suit in the Circuit Court of the United States for the Southern District of New York against the plaintiff in error as surety upon a bond given pursuant to the provisions of an act of Congress (August 13, 1894, c. 280, 28 Stat. 278) to the effect that any person or persons contracting with the Government for the prosecution of public work should be…
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The United States, for the benefit of Frank P. Bartlett, brought suit in the Circuit Court of the United States for the Southern District of New York against the plaintiff in error as surety upon a bond given pursuant to the provisions of an act of Congress (August 13, 1894, c. 280, 28 Stat. 278) to the effect that any person or persons contracting with the Government for the prosecution of public work should be required to furnish a bond conditioned that the contractor or contractors would “promptly make payments to all persons…
1Opinion of the Court
After making the foregoing statement,
Mr. Justice Day
delivered the memorandum opinion of the court.
The nature of liability upon bonds given in pursuance of the act of Congress has been the subject of frequent consideration in this court, and the former discussions and conclusions need not be repeated here. Guaranty Co. v. Pressed Brick Co., 191 U. S. 416, 427; Hill v. American Surety Co., 200 U. S. 197; Mankin v. Ludowici-Celadon Co., 215 U. S. 533.
The first contention of the plaintiff in error is that the work done at the quarry and the hauling and. delivering of stone at the breakwater, or,…
2Cases cited3 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Mankin v. United States Ex Rel. Ludowici-Celadon Co.Supreme Court of the United States · 1910
3Cited by75 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Petar Misic v. The Building Service Employees Health and Welfare TrustCourt of Appeals for the Ninth Circuit · 1986
- Brogan v. National Surety Co.Supreme Court of the United States · 1918
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