National Surety Co. v. Long
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton, judge; statement by the court. The complaint of Long alleges that on May 23, 1901, he made a written contract with one Humphreys, by which the latter, agreed to furnish the material and erect a brick building and to complete the same on br before September 1, 1901, “for which Long was to pay him $6,600, and it further alleged that the National Surety Company hád, by its bond (dated May 28, 1901) guarantied the faithful…
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Appeal from St. Francis Circuit Court; Hance N. Hutton, judge; statement by the court. The complaint of Long alleges that on May 23, 1901, he made a written contract with one Humphreys, by which the latter, agreed to furnish the material and erect a brick building and to complete the same on br before September 1, 1901, “for which Long was to pay him $6,600, and it further alleged that the National Surety Company hád, by its bond (dated May 28, 1901) guarantied the faithful performance of Humphreys’ contract. As a breach, it is alleged that, although Long paid Humphreys $4,908.58, the latter…
1Opinion of the Court
Carmichael, Special Judge,
(after stating the facts.) A majority, of the court are of the opinion that the undisputed evidence shows that Long did not notify the National Surety Company within the time in which he was required to do so by the contract and bond. The time for the completion of the building was September 1, 1901, and the evidence shows that the appellee knew, sometime prior to that date, that the contractor would not complete the building by that date, and the bond specially provided that, if at any time it appeared that the contractor would not be able to> complete the building…
2Cases cited2 opinions
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Remington v. Fidelity & Deposit Co.Washington Supreme Court · 1902
3Cited by13 opinions
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Young Men's Christian Ass'n v. RitterSupreme Court of Kansas · 1913
- Lamson v. Maryland Casualty Co.Supreme Court of Iowa · 1923
- Fidelity & Deposit Co. v. Merchants & Farmers BankSupreme Court of Arkansas · 1915
- O'Neill v. Title Guaranty & Trust Co.Court of Appeals for the Sixth Circuit · 1911
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