Macleod v. National Surety Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county by the partners doing business as Macleod & Smith to recover $733.66 upon defendant’s bond as surety for the Avery Steel & Iron Company. The answer alleged that, at the time when the Avery Company was claimed by plaintiffs to be in default, plaintiffs made payments to it in violation of the terms of the contract and without the knowledge or consent of defendant, and thereby the conditions of defendant’s bond were violated.
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Action in the district court for St. Louis county by the partners doing business as Macleod & Smith to recover $733.66 upon defendant’s bond as surety for the Avery Steel & Iron Company. The answer alleged that, at the time when the Avery Company was claimed by plaintiffs to be in default, plaintiffs made payments to it in violation of the terms of the contract and without the knowledge or consent of defendant, and thereby the conditions of defendant’s bond were violated. The case was tried before Ensign, J., and a jury which returned a verdict for $829.37. From an order denying its motion…
1Opinion of the CourtBrown, C. J.
Plaintiffs were awarded the contract for the construction of a school building at Virginia, this state, and thereunder were to furnish all labor and material. The contract provided that the building should be completed by November 1, 1912. Plaintiffs sublet a part of the work to the Avery Steel & Iron Works Company, and that company undertook and agreed to furnish and deliver upon the premises certain structural iron work, including stairways, within a specified time after drawings thereof were furnished by the architect. Defendant National Surety Company become surety for the faithful…
2Cases cited4 opinions
- Brandrup v. Empire State Surety Co.Supreme Court of Minnesota · 1910
- Allen v. EnerothSupreme Court of Minnesota · 1912
- Church of Immaculate Conception v. CurtisSupreme Court of Minnesota · 1915
- Hydraulic-Press Brick Co. v. Haynes Bread Co.Supreme Court of Minnesota · 1915
3Cited by4 opinions
- Elk River Concrete Products Co. v. American Casualty Co. of ReadingSupreme Court of Minnesota · 1964
- Trustees of First Presbyterian Church v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1916
- County of Blue Earth v. National Surety Co.Supreme Court of Minnesota · 1925
- County of Blue Earth v. Nat. Surety Co.Supreme Court of Minnesota · 1925