James B. Clow & Sons v. A. W. Scott Co.
Supreme Court of Minnesota
1Opinion of the CourtStone, J.
Action on the bond of a public contractor, defendant A. W. Scott Company, which admitted its own liability. After verdict against it, the surety, defendant Royal Indemnity Company moved for judgment notwithstanding or a new trial. The motion was granted and plaintiff appeals.
The plaintiff is a dealer in plumbing supplies with an established claim against defendant Scott Company, arising out of the latter’s contract for the plumbing in a public building, the Jordan School in Minneapolis. The sole defense of the indemnity company as surety is that it was not served with notice of plaintiff’s…
2Cases cited10 opinions
- Koivisto v. Bankers & Merchants Fire InsuranceSupreme Court of Minnesota · 1921
- Harnden v. Milwaukee Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1895
- Wold v. J. B. Colt Co.Supreme Court of Minnesota · 1907
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Home InsuranceSupreme Court of Minnesota · 1896
- Mikolas v. Hiram Walker & SonsSupreme Court of Minnesota · 1898
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3Cited by7 opinions
- Eberlein v. Stockyards Mortgage & Trust Co.Supreme Court of Minnesota · 1925
- Ilg Electric Ventilating Co. v. ConnerSupreme Court of Minnesota · 1927
- Silver v. Fidelity & Deposit Co. of MarylandNew Mexico Supreme Court · 1935
- Standard Oil Co. v. EnebakSupreme Court of Minnesota · 1928
- American Surety Co. of New York v. Gilmore Oil Co.Court of Appeals for the Tenth Circuit · 1936
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