Legal Opinion

United States v. Illinois Surety Co.

Supreme Court of Pennsylvania

Decided May 15, 1916No. Appeal, No. 398PublishedCited by 2 opinions

Appeal, No. 398, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., March T., 1911, No. 357, on verdict for plaintiff in case of The United States of America, to Use of Merritt & Company, a Pennsylvania Corporation, v. Illinois Surety Company, a Corporation. Assumpsit on bond given to the United States, under Act of Congress of February 21, 1905, conditioned for payment of persons furnishing labor or materials in prosecution of work.

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Appeal, No. 398, Jan. T., 1915, by defendant, from judgment of C. P. No. 2, Philadelphia Co., March T., 1911, No. 357, on verdict for plaintiff in case of The United States of America, to Use of Merritt & Company, a Pennsylvania Corporation, v. Illinois Surety Company, a Corporation. Assumpsit on bond given to the United States, under Act of Congress of February 21, 1905, conditioned for payment of persons furnishing labor or materials in prosecution of work. Before Sulzberger, P. J. The facts appear by the opinion of the Supreme Court. Verdict for plaintiff for $1,907.81 and judgment…

1Opinion of the Court

Opinion by

Mr. Chief Justice Brown,

The plaintiff was a subcontractor who had furnished certain material used in the construction of a postoffice building in the City of Wilmington, Delaware, and instituted this suit upon the bond of the contractor to recover the balance due him. That bond was given in pursuance of the Act of Congress approved August 13,1894, chapter 280, 28 Stat. 278, as amended by the Act of February 24, 1905, 33 Stat. 811. The Act of 1894 provided that any person entering into a contract with the United States for the construction of any public building, or the prosecution…

2Cases cited6 opinions

  1. United States Fidelity & Guaranty Co. v. United States Ex Rel. Struthers Wells Co.Supreme Court of the United States · 1908
  2. United States v. Congress Construction Co.Supreme Court of the United States · 1911
  3. People v. . Metropolitan Surety Co.New York Court of Appeals · 1914
  4. Davidson Bros. Marble Co. v. United States Ex Rel. GibsonSupreme Court of the United States · 1909
  5. United States Ex Rel. Alexander Bryant Co. v. New York Steam Fitting Co.Supreme Court of the United States · 1914

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Louis Allen McDaniel Jr. v. The University of Chicago and Argonne, a CorporationCourt of Appeals for the Seventh Circuit · 1975
  2. Strong v. American Fence Construction Co.Appellate Division of the Supreme Court of the State of New York · 1926

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