Legal Opinion

Ætna Casualty & Surety Co. v. B. B. B. Const. Corp.

Court of Appeals for the Second Circuit

Decided March 15, 1949No. 157, 158, Dockets 21207, 21208PublishedCited by 19 opinions

1Opinion of the Court

CLARK, Circuit Judge.

The single question presented below and on this appeal is the liability of a surety on a payment bond, given for the protection of persons furnishing labor and materials in the construction of public works, to pay interest to a claimant after all principal claims have been paid in full. The question arises in the surety’s action of inter-pleader, with which the separate actions of the various claimants were consolidated. This defendant is the sole claimant for interest; it was successful in the court below.

The payment bond in question was given on February 25, 1943, by…

2Cases cited7 opinions

  1. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
  2. Continental Casualty Co. v. SchaeferCourt of Appeals for the Ninth Circuit · 1949
  3. American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
  4. Tuzzeo v. . American Bonding Co.New York Court of Appeals · 1919
  5. Globe Indemnity Co. v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1929

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
  2. Stuyvesant Insurance Co. v. Dean Construction Co.District Court, S.D. New York · 1966
  3. United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
  4. Hapag-Lloyd Aktiengesellschaft v. U.S. Oil Trading LLCCourt of Appeals for the Second Circuit · 2016
  5. United States Ex Rel. Magnolia Petroleum Co. v. H. R. Henderson & Co.District Court, W.D. Arkansas · 1955

14 more not listed; retrieve them via the Exa API.

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