Des Moines Bridge & Iron Works v. Plane
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. F. C. Platt, Judge. Suit in equity to compel an assignee for the benefit of creditors to give preference over general creditors to the claims of sureties for tlie contractor. From a ruling on demurrer denying the right to such preference, plaintiffs in cross-petition appeal.
1Opinion of the CourtWithrow, J.
We adopt as a concise statement of the issues the substantial averments of the pleadings as presented by the appellee in his argument:
On the 19th day of April, 1911, one George A. Netcott, a contractor and builder, entered into a contract with W. P. Crumpacker, superintendent of the Independence State Hospital at Independence, Iowa, for the erection of a certain building. On the same day the said George A. Netcott gave to the *20said W. P. Crumpacker, as such superintendent, a bond, in the penal sum of $1,000, with I. C. Plane and Jacob Wackerbarth as sureties. The said bond was conditioned,…
2Cases cited8 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Warner v. JamesonSupreme Court of Iowa · 1879
- Merwin v. AustinSupreme Court of Connecticut · 1889
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Gastonia v. . Engineering Co.Supreme Court of North Carolina · 1902
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3Cited by9 opinions
- Christopher v. DavisCourt of Appeals of Texas · 1926
- Board of County Road Commissioners v. Southern Surety Co.Michigan Supreme Court · 1921
- Cities Service Oil Co. v. LongerboneSupreme Court of Iowa · 1942
- Johnston v. GrimmSupreme Court of Iowa · 1930
- Handlan-Buck Manufacturing Co. v. Waterloo Drop Forge Co.Supreme Court of Iowa · 1916
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