Legal Opinion

United States Fidelity & Guaranty Co. v. United States ex rel. Smoot

Court of Appeals for the D.C. Circuit

Decided May 5, 1924No. 4043PublishedCited by 9 opinions

1Opinion of the Court

MARTIN, Acting Associate Justice.

The United States, to the use of Lewis E. Smoot, sued the Faribault Building Corporation and the United States Fidelity & Guaranty Company as its surety upon an account for sand and gravel furnished for the prosecution of work upon a certain public contract for the building of a road and bridge. The Building Corporation was not served with process; the case therefore proceeded against the Guaranty Company alorle.

At the trial the defendant company admitted its suretyship upon the contract, but claimed in defense, first, that the suit was barfed by the statute…

2Cases cited5 opinions

  1. Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
  2. Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
  3. United States v. FreelSupreme Court of the United States · 1902
  4. United States v. FreelU.S. Circuit Court for the District of Eastern New York · 1899
  5. United States v. FreelCourt of Appeals for the Second Circuit · 1900

3Cited by9 opinions

  1. Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
  2. Massachusetts Bonding & Ins. Co. v. John R. Thompson Co.Court of Appeals for the Eighth Circuit · 1937
  3. United States Casualty Co. v. District of Columbia ex rel. North American Cement Corp.Court of Appeals for the D.C. Circuit · 1939
  4. Maryland Casualty Co. v. City of South NorfolkCourt of Appeals for the Fourth Circuit · 1932
  5. First National Insurance Company of America v. James T. Lynn, Secretary of the Department of Housing and Urban Development, Alvan R. CorkinCourt of Appeals for the First Circuit · 1975

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