Legal Opinion
Massachusetts Bonding & Ins. v. Fago Const. Corp.
District Court, D. Maryland
Decided February 26, 1949No. Civ. No. 4312PublishedCited by 4 opinions
1Opinion of the Court
CHESNUT, District Judge.
In this case a surety on a government contract is asserting a lien by equitable sub-rogation against a government check made payable to the principal, and now held by the local United States District Engineer. The claim of the surety arose from the fact that it has made large payments under the contract for labor and materials which the principal was obliged to pay but could not pay.
The case is very closely patterned on Morganthau v. Fidelity & Deposit Company, 68 App.D.C. 163, 94 F.2d 632, in the Court of Appeals, D.C., opinion by Judge Groner. The facts of the…
2Cases cited10 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
- Martin v. National Surety Co.Supreme Court of the United States · 1937
- Lacy v. Maryland Casualty Co.Court of Appeals for the Fourth Circuit · 1929
- Morgenthau v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the D.C. Circuit · 1937
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Finance Co. of America v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1976
- In Re Massachusetts Bonding and Insurance CompanyCourt of Appeals for the Second Circuit · 1958
- Massachusetts Bonding & Insurance v. New YorkCourt of Appeals for the Second Circuit · 1958
- Third National Bank in Nashville v. Highlands Insurance Co.Tennessee Supreme Court · 1980