Peters v. National Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: Geoege Geimm, Circuit Judge. Tbe defendant was surety on a bond of $120,000, given to tbe United States government to secure proper performance by tbe firm of Orman & Crook on work to be done on a large dam and distribution canals called tbe Belle Fourcbe project in South Dakota under a contract made in November, 1905. Tbe contractors carried on tbat work until tbey went into bankruptcy in January, 1908. Tbe United…
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Appeal from a judgment of tbe circuit court for Rock county: Geoege Geimm, Circuit Judge. Tbe defendant was surety on a bond of $120,000, given to tbe United States government to secure proper performance by tbe firm of Orman & Crook on work to be done on a large dam and distribution canals called tbe Belle Fourcbe project in South Dakota under a contract made in November, 1905. Tbe contractors carried on tbat work until tbey went into bankruptcy in January, 1908. Tbe United States government, under tbe conditions of tbat contract, took possession of tbe work and ill tbe tools and materials…
1Dissent 1
The following opinion was filed May 2, 1918:
2Dissent · EschweilerEschweiler, J.
I' must dissent from the order denying the motion for a rehearing because a re-exam*166ination of the record herein convinces me, as I now freely, though perhaps not cheerfully, admit that it was improper to allow interest, as was done in the decision, amounting to $1,619.36 on two separate, items involved in the lawsuit in Washington, D. 0., and for periods of time between February 28, 1914, when that action was started, and August 28, 1914, and October 6, 1916, respectively.
At the time of the making of the so-called Garfield contract in April, 1908,…
Also in this document: Concurring in part, dissenting in part.
3Cases cited6 opinions
- Burr v. CommonwealthMassachusetts Supreme Judicial Court · 1912
- McDonald v. LoewenMissouri Court of Appeals · 1910
- Lommen v. DanaherWisconsin Supreme Court · 1917
- Lloyd Investment Co. v. Illinois Surety Co.Wisconsin Supreme Court · 1916
- Nelson v. Goddard & Co.Wisconsin Supreme Court · 1916
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