New Amsterdam Casualty Co. v. Wurtz
Supreme Court of Minnesota
Action in the district court for Hennepin county against Adolph Wurtz, Independent School District No. 1, Lincoln County, First National Bank of Lake Benton, and the holders of claims of laborers and materialmen, that to the extent of $1,821.18 plaintiff be subrogated to the rights of claimants in the funds in the hands of defendant school district and defendant bank; that the bank be required to refund to School District No. 1 the sum of $4,735.22; that the court decree…
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Action in the district court for Hennepin county against Adolph Wurtz, Independent School District No. 1, Lincoln County, First National Bank of Lake Benton, and the holders of claims of laborers and materialmen, that to the extent of $1,821.18 plaintiff be subrogated to the rights of claimants in the funds in the hands of defendant school district and defendant bank; that the bank be required to refund to School District No. 1 the sum of $4,735.22; that the court decree that the funds in possession of defendant school district and of defendant bank be declared a fund for the payment solely…
1Opinion of the Court
Lees, C.
Appeal from an order denying a motion for a new trial, after a trial by the court without a jury and findings adverse to plaintiff.
On July 17, 1917, one Wurtz entered into a contract with defendant school district for the construction of a public school building at Lake Benton. The contract price was $52,381, 85 per cent of which was payable in instalments upon estimates to be made by the supervising architect during the progress of the work, and 15 per cent of which was to be withheld until the building was completed and accepted. The com tractor furnished the statutory bond required…
2Cases cited16 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Hardaway v. National Surety Co.Supreme Court of the United States · 1909
- United States ex rel. Fidelity Nat. Bank v. RundleCourt of Appeals for the Ninth Circuit · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Camdenton Consolidated School District No. 6 Ex Rel. W. H. Powell Lumber Co. v. New York Casualty Co.Supreme Court of Missouri · 1937
- Ganley v. City of PipestoneSupreme Court of Minnesota · 1923
- Barrett Bros. Co. v. County of St. LouisSupreme Court of Minnesota · 1925
- First Nat. Bank v. Monroe CountyMississippi Supreme Court · 1923
- First National Bank of Chisholm v. O'NeilSupreme Court of Minnesota · 1929
15 more not listed; retrieve them via the Exa API.