Legal Opinion
Cox v. New England Equitable Ins.
Court of Appeals for the Eighth Circuit
Decided November 28, 1917No. 4807PublishedCited by 20 opinions
Appeal from the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. In the matter of Moore & Payne, bankrupts. From an order awarding to the New England Equitable Insurance Company priority in a fund recovered by the trustee, Norman Cox, trustee, appeals.
1Opinion of the Court
SMITH, Circuit Judge.
In 1912 the government let a contract to Moore & Payne, a copartnership of Missouri, for the construction of a post office building at Bonham, Tex., for $46,145. The contract provided for payments upon the contract as prescribed in the specificaIions. The specifications provided:
“Payments—-Payment of 90 per cent, of the value of the work executed and satisfactorily in place, as ascertained by the supervising architect, acting through the superintendent, will be made monthly, and payment of the 30 per cent, retained will be made after the final acceptance by the duly…
2Cases cited12 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- Hardaway v. National Surety Co.Supreme Court of the United States · 1909
- Orem v. WrightsonCourt of Appeals of Maryland · 1879
- Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- St. Paul Fire and Marine Insurance Company v. United States of America for the Use of Dakota Electric Supply Company, Anorth Dakota CorporationCourt of Appeals for the Eighth Circuit · 1962
- Kane v. First Nat. Bank of El Paso, Tex.Court of Appeals for the Fifth Circuit · 1932
- Belknap Hardware & Mfg. Co. v. Ohio River Contract Co.Court of Appeals for the Sixth Circuit · 1921
- Glades County, Fla. v. Detroit Fidelity & Surety Co.Court of Appeals for the Fifth Circuit · 1932
- California Bank v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1942
15 more not listed; retrieve them via the Exa API.