Legal Opinion

United States Ex Rel. Hill v. American Surety Co. of NY

Supreme Court of the United States

Decided January 2, 1906No. 39PublishedCited by 236 opinions

ERROR TO THE SUPERIOR COURT OF KING COUNTY, STATE OF Washington. The facts are stated in the opinion of tne court. The act of Congress and bond were intended to cover just such cases as this, -and to prevent such a miscarriage of justice. The original.contractor could easily kill the effects of. the statute, and avoid all liability on the bond by merely subletting all of its work.

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ERROR TO THE SUPERIOR COURT OF KING COUNTY, STATE OF Washington. The facts are stated in the opinion of tne court. The act of Congress and bond were intended to cover just such cases as this, -and to prevent such a miscarriage of justice. The original.contractor could easily kill the effects of. the statute, and avoid all liability on the bond by merely subletting all of its work. Of the two classes of laborers, the employes of subcontractors stand most in need of the protection of the statute. Redmond v. Galena, &c. R. Co., 39 Wisconsin, 426; Mullin v. United States, 48 C. C. A. 677; United…

1Opinion of the CourtJustice Day

This case was decided on demurrer in the court below. It was held that no cause of action was stated by the plaintiff, and judgment was rendered accordingly. Plaintiffs brought action as partners against the American Surety Company upon a bond given in pursuance of the act of August 13, 1894. 28 Stat. 278, c. 280. The allegations of the petition, so far important as to be noticed here, are: The defendant is a corporation duly authorized to do a general insurance and bonding business. On . February 14, 1891, the New Jersey Foundry and Machine Com pany entered,into a written contract with the…

2Cases cited5 opinions

  1. United States v. FreemanSupreme Court of the United States · 1845
  2. Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
  3. Durousseau v. United StatesSupreme Court of the United States · 1810
  4. Mining Co. v. CullinsSupreme Court of the United States · 1881
  5. Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899

3Cited by236 opinions

  1. Armstrong v. United StatesSupreme Court of the United States · 1960
  2. Department of the Army v. Blue Fox, Inc.Supreme Court of the United States · 1999
  3. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  4. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  5. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917

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