American Bonding Co. v. Morris
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellee filed his complaint on May 5, 1909, in the Pulaski .Chancery Court against Hugh McLennan, a building contractor, the appellant, surety on his bond, as such, and eighteen other defendants, alleging that he had agreed with the said McLennan for the construction of a building for an orphanage near the city of Little Rock, to be maintained as a home for indigent orphans, as a…
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellee filed his complaint on May 5, 1909, in the Pulaski .Chancery Court against Hugh McLennan, a building contractor, the appellant, surety on his bond, as such, and eighteen other defendants, alleging that he had agreed with the said McLennan for the construction of a building for an orphanage near the city of Little Rock, to be maintained as a home for indigent orphans, as a public charity; that the contract price of the building was $86,440, “to be paid on estimates made by the architect,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Did the court abuse its discretion in refusing to allow defendant to file the supplemental answer?
The amended and substituted complaint took the place of the original complaint, which thereafter could not be considered a pleading in the case. It alleged, as did the original complaint, that the appellee had retained from the payments due the contractor the 10 per cent, of the estimates, as provided in the contract. And the answer to the first complaint, not being withdrawn, was an answer thereto. In it no denial of liability of the surety company for any…
2Cases cited3 opinions
- Patrick v. WhitelySupreme Court of Arkansas · 1905
- Bluff City Lumber Co. v. HilsonSupreme Court of Arkansas · 1907
- Reynolds v. WestSupreme Court of Arkansas · 1877
3Cited by11 opinions
- Austin v. Dermott Canning Co.Supreme Court of Arkansas · 1931
- Superior Forwarding Co. v. SikesSupreme Court of Arkansas · 1961
- Paris Purity Coal Company v. PendergrassSupreme Court of Arkansas · 1937
- Foster-Holcomb Investment Co. v. Little Rook Publishing Co.Supreme Court of Arkansas · 1922
- Arkansas State Life Insurance v. AllenSupreme Court of Arkansas · 1924
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