United States ex rel. Croll v. Jack
Michigan Supreme Court
Error to Jackson; Peck, J. Assumpsit by the United States, for the use and benefit of Edward L. Croll, against Robert M. Jack and Daniel F. Jack, copartners as Robert M. Jack & Son, as principals, and Henry Hayden, James E. Barrett, George H. Porter, Wright H. Calkins, and John E. Kennedy, as sureties, upon a statutory bond. From a judgment for defendants on verdict directed by tbe court, plaintiff brings error.
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Error to Jackson; Peck, J. Assumpsit by the United States, for the use and benefit of Edward L. Croll, against Robert M. Jack and Daniel F. Jack, copartners as Robert M. Jack & Son, as principals, and Henry Hayden, James E. Barrett, George H. Porter, Wright H. Calkins, and John E. Kennedy, as sureties, upon a statutory bond. From a judgment for defendants on verdict directed by tbe court, plaintiff brings error. By an act providing for the protection of persons fur* nishing materials and labor for the construction of public-works, approved August 13, 1894, Congress provided: ‘ ‘ That…
1Opinion of the CourtMontgomery, C. J.
(after stating the facts). 1. The ground upon which the main question appears to have been decided is that the statute does not protect subcontractors, and that plaintiff is a subcontractor, within the ruling in Avery v. Board of Sup’rs of Ionia Co., 71 Mich. 538 (39 N. W. 742); People v. Cotteral, 119 Mich. 27 (77 N. W. 322). These cases hold that one occupying such a relation to the principal contract as that held by the plaintiff in this case is a subcontractor. It would follow, therefore, that if the act in question, and the bond given in pursuance to its provisions, do not protect a…
2Cases cited5 opinions
- Hanley v. WalkerMichigan Supreme Court · 1890
- Avery v. Board of SupervisorsMichigan Supreme Court · 1888
- Boots v. SeinbergMichigan Supreme Court · 1894
- People ex rel. Winkle Terra-Cotta Co. v. CotteralMichigan Supreme Court · 1898
- Campbell v. BaneMichigan Supreme Court · 1898
3Cited by5 opinions
- Fulghum & Union Indemnity Co. v. StateSupreme Court of Florida · 1926
- Western Casualty & Surety Co. v. Fulton Supply Co.Court of Appeals of Georgia · 1939
- Whitley v. BryantCourt of Appeals of Georgia · 1938
- Chicago Bonding & Surety Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1919
- People ex rel. Alpha Portland Cement Co. v. Boyes & Blandford Co.Michigan Supreme Court · 1923