Henry v. Hand
Oregon Supreme Court
From Multnomah : Henry E. McGinn, Judge. Action on a builder’s bond by Charles K. Henry against Charles B. and Willard Hand, sureties, and W. E. MacLeod.
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From Multnomah : Henry E. McGinn, Judge. Action on a builder’s bond by Charles K. Henry against Charles B. and Willard Hand, sureties, and W. E. MacLeod. The defendant MacLeod, on January 4, 1893, contracted with plaintiff to construct a building for him, and complete the same on or before March 25, 1893. At the same time he executed and delivered to plaintiff a bond in the sum of $3,300, with the respondents, Charles B. and Willard Hand, as sureties therein, conditioned that “if the said N. E. MacLeod shall well and truly execute said contract, and build said building conformably to the said…
1Opinion of the CourtChief Justice Wolverton
1. The questions involved in this controversy arise entirely upon the court’s instructions to the jury. The defendant’s theory is that the simple filing of a claim did not constitute a lien, within the purview of the bond, and did not afford legal justification on the part of the owner, as against the sureties, for withholding the last payment after it became due. The question as to when the payment became due, under the evidence, was left to the jury ; but they were instructed that when due it was the duty of the owner to pay, notwithstanding claims of lien had been filed, provided suits had…
2Cases cited10 opinions
- Delavergne v. NorrisNew York Supreme Court · 1811
- Welch v. Porter & Co.Supreme Court of Alabama · 1879
- Corbett v. WrennOregon Supreme Court · 1894
- Haas v. DudleyOregon Supreme Court · 1897
- Hamilton v. ThrallNebraska Supreme Court · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pearson v. RichardsOregon Supreme Court · 1922
- Empire State Surety Co. v. LindenmeierSupreme Court of Colorado · 1913
- Crowley v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1902
- Grants Pass Trust Co. v. Enterprise Mining Co.Oregon Supreme Court · 1911
- Bradfield v. BollierOregon Supreme Court · 1942
8 more not listed; retrieve them via the Exa API.