State Bank v. Pew
Montana Supreme Court
'Appeals from District Court, Ravalli County; Theo. Lentz, Judge. Action by the State Bank of Darby against George H. Pew and another. From judgment for plaintiff, and order denying their motion for new trial, defendants appeal. Affirmed.
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'Appeals from District Court, Ravalli County; Theo. Lentz, Judge. Action by the State Bank of Darby against George H. Pew and another. From judgment for plaintiff, and order denying their motion for new trial, defendants appeal. Affirmed. It seems to be the settled rule, as stated in 9 Corpus Juris, 36, that, “where a bond and another contract or instrument relate to and form one and the same transaction, or the bond refers to such other instrument or is conditioned for the performance of specific agreements set forth therein, such instrument with all its stipulations, limitations or…
1Opinion of the CourtJustice Galen
This is an action brought by respondent against appellants to recover damages upon a bond executed by the appellants George H. Pew, as principal, and Fidelity & Deposit Company of Maryland, as surety, it being alleged that Pew entered into an agreement to build for respondent a water-tight basement or cellar under a certain bank building by him to be constructed, as contractor and builder, at the town of Darby, Ravalli county, Montana. The bond is in words an& figures as follows:
“Fidelity & Deposit Company of Maryland,
“Home Office: Baltimore, Maryland.
“Bond.
“Know all men by these presents,…
2Cases cited13 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Filbert v. City of PhiladelphiaSupreme Court of Pennsylvania · 1897
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