Fay v. Bankers Surety Co.
Supreme Court of Minnesota
Three actions in the district court for Pennington county to recover $300, $310.06 and $245.69, respectively, from defendant as surety upon the'bond of Jerry Sherwood in favor of the county of Bed Lake for the performance of his ditch contract with that county. The answers were general denials. The cases were tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff for $300, $128.19, $11J.25, and interest, respectively.
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Three actions in the district court for Pennington county to recover $300, $310.06 and $245.69, respectively, from defendant as surety upon the'bond of Jerry Sherwood in favor of the county of Bed Lake for the performance of his ditch contract with that county. The answers were general denials. The cases were tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff for $300, $128.19, $11J.25, and interest, respectively. Prom orders .denying its motions for amended findings or a new trial, defendant appealed.
1Opinion of the CourtPhilip E. Brown, J.
On April 4, 1910, one Jerry Sherwood entered into a contract with Bed Lake county, wherein he agreed to construct County Ditch No. 38 therein, and to pay, as they became due, all just claims for all work and labor performed and all skill and material furnished in its execution, and to save the county harmless from any cost, charge, or expense which might accrue on account of the doing of the work. On May 14, 1910, the same parties entered into a like contract for the construction of Ditch No. 43 in the same county. Sherwood, as principal, and defendant, as surety, executed bonds to the county…
2Cases cited26 opinions
- Mutual Loan Co. v. MartellSupreme Court of the United States · 1911
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- Mutual Loan Co. v. MartellMassachusetts Supreme Judicial Court · 1909
- Massie v. CessnaIllinois Supreme Court · 1909
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3Cited by26 opinions
- Standard Oil Co. v. DaySupreme Court of Minnesota · 1924
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Johnson v. StarrettSupreme Court of Minnesota · 1914
- Morris v. . HolshouserSupreme Court of North Carolina · 1941
- Morris v. HolshouserSupreme Court of North Carolina · 1941
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