Montgomery v. City of Philadelphia
District Court, E.D. Pennsylvania
At Law. Action by Kingsley Montgomery, trustee in bankruptcy of Cloud, Stiles & Work, a corporation, against the City of Philadelphia and the Maryland Casually Company, intervening defendant. Judgment for Maryland Casualty Company.
1Opinion of the Court
DICKINSON, District Judge.
The crucial point of the question involved in this case may be best presented by an outline statement of the fact situation:
Cloud, Stiles & Work, a contracting corporation, entered into a contract with the city of Philadelphia to do certain construction work for *474the city. The Maryland Casualty Company became the surety of the contractor. The city reserved the right to withhold a certain percentage of the earned payments (otherwise payable to the contractor) until the completion of the contract. These moneys then became payable as part of the final payment.
As part of…
2Cases cited1 opinion
- National Trust & Credit Co. v. ChidseyCourt of Appeals for the Third Circuit · 1916
3Cited by5 opinions
- Boyd EstateSupreme Court of Pennsylvania · 1958
- American Surety Co. of New York v. FinletterCourt of Appeals for the Third Circuit · 1921
- In re WasselfDistrict Court, S.D. New York · 1931
- Boyd EstateSupreme Court of Pennsylvania · 1958
- McCance v. D. A. Schulte, Inc.Court of Appeals for the Second Circuit · 1937