Legal Opinion

National Surety Co. v. Wyandotte Coal & Lime Co.

Supreme Court of Kansas

Decided December 7, 1907No. 15,267PublishedCited by 6 opinions

Error from Wyandotte court of common pleas; William G. Holt, judge.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, C. J.:

The Wyandotte Coal and Lime Company instituted this action against W. W. Atkin to recover $533.36 for material which it furnished to him to be used in the paving df a street, and also to recover the same claim from the National Surety Company under a bond which it gave undertaking to pay all bills for labor and material incurred by Atkin in paving that street.

Atkin made no defense, but the National Surety Company set up a number of defenses, one of which was that the Diamond Brick and Tile Company, in order to defeat competition in…

2Cases cited7 opinions

  1. Rice v. HodgeSupreme Court of Kansas · 1881
  2. National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
  3. McGarry v. AverillSupreme Court of Kansas · 1893
  4. Seattle Lumber Co. v. SweeneyWashington Supreme Court · 1906
  5. Call v. HastingsCalifornia Supreme Court · 1853

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

3Cited by6 opinions

  1. Hub Hardware Co. v. Aetna Accident & Liab. Co.California Supreme Court · 1918
  2. Standard Asphalt & Rubber Co. v. Texas Building Co.Supreme Court of Kansas · 1917
  3. Cherry v. Charles Benson, Inc.Appellate Court of Illinois · 1931
  4. David v. DoughtySupreme Court of Kansas · 1915
  5. Empire Sand & Material Co. v. SmithSupreme Court of Kansas · 1927

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

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