Legal Opinion
Bank of Auburn v. United States Fidelity & Guaranty Co.
Court of Appeals for the Fifth Circuit
Decided October 31, 1961No. 18884_1PublishedCited by 4 opinions
1Opinion of the Court
RIVES, Circuit Judge.
This appeal is from a judgment sustaining a motion to dismiss an amended complaint based on a contractor’s “Performance and Payment Bond.” The Bank of Auburn sought to recover $11,-519.21 loaned by it to the contractor for the purpose of paying for labor and materials used in carrying out the contract and actually so used by the contractor. The Bank claimed that this was a “ * * * debt incurred [by the contractor] in or about the performance of the work contracted for in the said contract * * and thus was included in the conditions of the bond, which read:
“Now, Therefore,…
2Cases cited3 opinions
- Bill Curphy Co. v. ElliottCourt of Appeals for the Fifth Circuit · 1953
- United States Fidelity & Guaranty Co. v. First Nat. Bank of LincolnSupreme Court of Alabama · 1932
- First Nat. Bank of Dothan v. American Surety Co. of New YorkCourt of Appeals for the Fifth Circuit · 1931
3Cited by4 opinions
- United States ex rel. First Continental National Bank & Trust Co. v. Western Contracting Corp.Court of Appeals for the Eighth Circuit · 1965
- Travelers Indemnity Co. v. West Georgia National BankDistrict Court, N.D. Georgia · 1974
- United States v. Western Contracting CorporationCourt of Appeals for the First Circuit · 1965
- United States ex rel. Bac Funding Consortium, Inc. v. Westchester Fire InsuranceDistrict Court, S.D. Florida · 2013