Barker v. United States Fidelity & Guaranty Co.
Massachusetts Supreme Judicial Court
Contract against the surety on two alleged bonds of indemnity, as described in the opinion. Writ dated September 15,1910. In the Superior. Court the case was referred to an auditor, who filed a report in which he found that the defendant owed the plaintiff the sum of $7,522.47 with interest from the date of the writ.
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Contract against the surety on two alleged bonds of indemnity, as described in the opinion. Writ dated September 15,1910. In the Superior. Court the case was referred to an auditor, who filed a report in which he found that the defendant owed the plaintiff the sum of $7,522.47 with interest from the date of the writ. Later the case was tried before Dana, J. The plaintiff put in evidence the auditor’s report and the oral testimony of various witnesses, all of whom, except the experts, had testified before the auditor. The defendant also introduced evidence. After the close of the evidence…
1Opinion of the CourtDe Courcy, J.
In 1904, James Hughes and Anson M. Bangs, doing business in New York City under the firm name of Hughes Brothers and Bangs, were engaged in excavating a channel in New York harbor. They entered into two separate charter parties with the owner, the National Dredging Company (the assignor of the plaintiff), for the tugboats known as the Anna W. and the Gerry; and gave a separate bond, with the defendant as surety, to secure the faithful performance of the obligations of each charter party. The tugboats were delivered to the charterers on September 10, 1904, and thereafter remained in…
2Cases cited7 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
- People ex rel. H. Houghton & Sons v. TravesMichigan Supreme Court · 1915
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3Cited by7 opinions
- Old Colony Trust Co. v. Di ColaMassachusetts Supreme Judicial Court · 1919
- Murphy v. HanrightMassachusetts Supreme Judicial Court · 1921
- Lockhart v. FergusonMassachusetts Supreme Judicial Court · 1922
- Keeler v. TempletonNew York Supreme Court · 1937
- Neafsey v. SzemetaMassachusetts Supreme Judicial Court · 1920
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