Legal Opinion
Justice v. Empire State Surety Co.
Court of Appeals for the Third Circuit
Decided December 4, 1914No. 1813PublishedCited by 7 opinions
In Error to the District Court of the United States for the Eastern District of Pennsylvania; J. Whitaker Thompson, Judge. Action by George E. Justice against the Empire State Surety Company. Judgment for defendant (209 Fed. 105), and plaintiff brings error.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
In this case George E. Justice, a citizen of Pennsylvania, brought suit to recover some $5,000 from the Empire State Surety Company, a corporation of New York, as surety *803on a building contract bond given by one Maguire, a contractor, to the plaintiff. The bond stipulated:
“That the obligee shall retain not loss than ten per centum of all payments for work performed and materials furnished in the performance of said contract, until the complete performance by said principal of all the terms, covenants, and conditions thereof on said principal’s part to be performed.’’
Th…
2Cases cited2 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Fidelity & Deposit Co. v. AgnewCourt of Appeals for the Third Circuit · 1907
3Cited by7 opinions
- Corporation of President of Church of Jesus Christ of Latter-Day Saints v. Hartford Accident & Indemnity Co.Utah Supreme Court · 1939
- Neilson v. Title Guaranty & Surety Co.Oregon Supreme Court · 1916
- Evatt v. DulaneySupreme Court of Oklahoma · 1915
- Wells v. National Surety Co.Court of Appeals for the Third Circuit · 1915
- Bench Canal Drainage Dist. v. Maryland Casualty Co.Court of Appeals for the Eighth Circuit · 1921
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