Church of Immaculate Conception v. Curtis
Supreme Court of Minnesota
Action in the district court for Hennepin county against copartners doing business under the firm name of Brioschi-Minuti Co. and the Maryland Casualty Co. to recover $14,430. Defendant casualty company alleged that plaintiff did not notify the answering defendant of the default of the contractor until October 9, 1913, and that the action was commenced more than six months after the breach of contract by the contractor, in violation of the express provisions of the bond.
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Action in the district court for Hennepin county against copartners doing business under the firm name of Brioschi-Minuti Co. and the Maryland Casualty Co. to recover $14,430. Defendant casualty company alleged that plaintiff did not notify the answering defendant of the default of the contractor until October 9, 1913, and that the action was commenced more than six months after the breach of contract by the contractor, in violation of the express provisions of the bond. The case was tried before Dickson, J., who denied motions of defendants for a directed verdict and granted the motion of…
1Opinion of the Court
Taylor, C.
The defendants Brioschi-Minuti Co. a copartnership, entered into a contract with plaintiff on November 8,1912, to plaster and decorate the Pro-Cathedral, then in process of construction in the city of Minneapolis, and to furnish all the material and perform all the labor required therefor, for the sum of $20,868 and gave a bond with the Maryland Casualty Co. as surety to secure the faithful performance of the contract. They agreed to complete the work within nine months from the date of the contract, and, at the end of each 30 day period, were to be paid 90 per cent of the…
2Cases cited9 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Lakeside Land Co. v. Empire State Surety Co.Supreme Court of Minnesota · 1908
- George A. Fuller Co. v. DoyleU.S. Circuit Court for the District of Eastern Missouri · 1898
- Fraenkel v. . FriedmannNew York Court of Appeals · 1910
- Stauff v. BingenheimerSupreme Court of Minnesota · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Corporation of President of Church of Jesus Christ of Latter-Day Saints v. Hartford Accident & Indemnity Co.Utah Supreme Court · 1939
- Miller v. HughesSupreme Court of Minnesota · 1960
- Johnson v. LaurenceSupreme Court of Minnesota · 1927
- Macleod v. National Surety Co.Supreme Court of Minnesota · 1916
- National Tea Co. v. McDonoughSupreme Court of Minnesota · 1929
4 more not listed; retrieve them via the Exa API.