People ex rel. National Sewer-Pipe Co. v. Sharp
Michigan Supreme Court
Error to St. Clair; Whipple, J. Assumpsit by the People of the State of Michigan, for the use and benefit of the National Sewer-Pipe Company, against Andrew Sharp and August Schultz, copartners as Sharp & Schultz, as principals, and Henry McMorran and Rudolph C. Wargowsky, as sureties, upon a statutory bond. Prom a judgment for defendant sureties, plaintiff brings error.
1Opinion of the CourtMontgomery, J.
This is an action on a bond given for the protection of laborers and materialmen who should extend credit to Sharp & Schultz, contractors with the city of Ann Arbor for the construction of a sewer. The bond is in the sum of $5,000, and purports to have been executed by Sharp & Schultz as principals, and the» defendants McMorran and Wargowsky as sureties. The plea of defendant McMorran was accompanied by a notice containing the following:
*380‘ ‘ Defendant will further show that prior to the date of said bond, and about that date, he was requested by Rudolph C. Wargowsky to sign a bond in which the…
2Cases cited4 opinions
- Johnston v. Township of KimballMichigan Supreme Court · 1878
- Lester v. ThompsonMichigan Supreme Court · 1892
- Hessell v. JohnsonMichigan Supreme Court · 1886
- Wolscheid v. ThomeMichigan Supreme Court · 1889
3Cited by1 opinion
- Township of Berlin v. NeidermeierMichigan Supreme Court · 1937