United States ex rel. Elias Lyman Coal Co. v. United States Fidelity & Guaranty Co.
Supreme Court of Vermont
Covenant on a contractor’s bond given in conformity to tbe Act of Cong'ress of August 13, 1894. Formal pleadings waived by each party, and all necessary pleadings treated as filed. Trial by jury at tbe September Term, 1907, Chittenden County, Powers, J., presiding. At tbe close of all tbe evidence tbe defendant moved that a verdict be directed in its favor for that coal is not “material” within tbe meaning of either tbe bond or of tbe Federal statute.
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Covenant on a contractor’s bond given in conformity to tbe Act of Cong'ress of August 13, 1894. Formal pleadings waived by each party, and all necessary pleadings treated as filed. Trial by jury at tbe September Term, 1907, Chittenden County, Powers, J., presiding. At tbe close of all tbe evidence tbe defendant moved that a verdict be directed in its favor for that coal is not “material” within tbe meaning of either tbe bond or of tbe Federal statute. Motion overruled, and verdict directed for tbe plaintiff for $1,155.61 damages, and costs, and judgment thereon. The defendant excepted. Tbe…
1Opinion of the CourtWatson, J.
Chapter 280 of the United States Statutes at Large provides: ‘ ‘ That hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, * * *, shall be required before commencing such work to execute the usual penal bond, with *97good and sufficient sureties, with the additional obligations that such contractor or contractors shall promptly make payments to all persons supplying him or them labor and materials in the prosecution of the work provided for in such contract,” etc.
On March 16, 1903, E. H. Denniston Company entered into…
2Cases cited10 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- American Surety Co. v. Lawrenceville Cement Co.U.S. Circuit Court for the District of Maine · 1901
- Philadelphia v. MaloneSupreme Court of Pennsylvania · 1906
- United States ex rel. Thomas Laughlin Co. v. MorganU.S. Circuit Court for the District of Maine · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- H. H. Robertson Co. v. Globe Indemnity Co.Superior Court of Pennsylvania · 1921
- United States ex rel. Elias Lyman Coal Co. v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1910
- Lantry Contracting Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1918
- United States ex rel. Strait & Son v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1909
1 more not listed; retrieve them via the Exa API.