Du Pont De Nemours Powder Co. v. National Surety Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered June 5, 1915, in favor of the plaintiff, in an action on an indemnity bond, tried to the court.
1Opinion of the Court
On Rehearing.
Main, J. —
The purpose of this action was to recover upon a bond given by a railway construction contractor. The obligee in the bond was the railway company. The bond was not filed in the office of the county auditor in the county where the work was being performed. The judgment of the trial court was in favor of the plaintiff. From this judgment, the defendant appeals.
The facts will be found stated in the former opinion in the 'case, reported in 90 Wash. 227, 155 Pac. 1050. After that opinion had been filed, a petition for rehearing was granted, *462and the cause heard En Banc. Upon…
2Cases cited2 opinions
- Du Pont De Nemours Powder Co. v. National Surety Co.Washington Supreme Court · 1916
- Laidlaw v. Portland, Vancouver & Yakima Railway Co.Washington Supreme Court · 1906
3Cited by3 opinions
- Forsyth v. New York Indemnity Co.Washington Supreme Court · 1930
- Dixon v. Parker, Moran & ParkerWashington Supreme Court · 1918
- Clarke v. MurphyWashington Supreme Court · 1918