Legal Opinion

Maryland Casualty Co. v. City of Cincinnati

District Court, S.D. Ohio

Decided March 19, 1923No. 247PublishedCited by 7 opinions

1Opinion of the Court

PECK, District Judge.

In this action the plaintiff, a surety company which expended funds to complete the contract of its principal, D. P. Foley, to build a part of the Millcreek sewer for the city of Cincinnati, seeks to be subrogated to the rights of the city in the reserved 5 per cent., amounting to $10,021.35, held by the city to secure faithful performance of the contract, and this subrogation is sought not only as against the city and against Foley, but also as against the defendant the Columbia Bank & Savings Company, to which Foley had assigned the proceeds of the contract.

The…

2Cases cited2 opinions

  1. Travelers' Ins. Co. v. Great Lakes Engineering Works Co.Court of Appeals for the Sixth Circuit · 1911
  2. McClean v. BradleyDistrict Court, N.D. Ohio · 1922

3Cited by7 opinions

  1. Exchange State Bank v. Federal Surety Co.Court of Appeals for the Eighth Circuit · 1928
  2. Lord Day & Lord v. Socialist Republic of VietnamDistrict Court, S.D. New York · 2001
  3. First Vermont Bank & Trust Co. v. Village of PoultneySupreme Court of Vermont · 1975
  4. Kansas Wheat Growers Ass'n v. RowanSupreme Court of Kansas · 1928
  5. Globe & Rutgers Fire Ins. Co. of New York v. McGinnisCourt of Appeals for the Ninth Circuit · 1928

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