Milwaukee Building Supply Co v. Illinois Surety Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawRence W. Halsey, Circuit Judge. This action was brought to foreclose subcontractors’ liens for materials furnished in the erection of a store building for defendant Rdw.
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Appeal from a judgment of the circuit court for Milwaukee county: LawRence W. Halsey, Circuit Judge. This action was brought to foreclose subcontractors’ liens for materials furnished in the erection of a store building for defendant Rdw. Schuster & Co. upon land to which title was in defendant Schuster Realty Company, situate in the city of Milwaukee, and for recovery of personal judgment against the defendants J. W. Utley, principal contractor, and Illinois Surety Company, surety upon Utley’s bond. The plaintiffs and all the defendants except Illinois Surety Company, Schus-ter Realty…
1Opinion of the CourtKAewin, J.
The assignments of error in this case are grouped by appellant and argued under six heads and we shall treat them in the same order.
1. The first assignment of error treats the proposition whether the bond in question creates a direct liability of the surety to laborers and materialmen. The bond considered in this ease is the same bond treated and passed upon in Concrete Steel Co. v. Illinois Surety Co., ante, p. 41, 157 N. W. 543. The decision in that case as to direct liability of the surety to the laborers and materialmen controls this case.
2. The second, third, and fourth assignments of…
2Cases cited9 opinions
- Milbrath v. StateWisconsin Supreme Court · 1909
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
- Concrete Steel Co. v. Illinois Surety Co.Wisconsin Supreme Court · 1916
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- Cowdery v. HahnWisconsin Supreme Court · 1900
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3Cited by5 opinions
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- H. D. Fowler Co. v. Medical Research FoundationOregon Supreme Court · 1964
- Bates Expanded Steel Truss Co. v. Sisters of Mercy of JanesvilleWisconsin Supreme Court · 1932
- G. W. Hirth, Inc. v. Clybourn Realty Co.Wisconsin Supreme Court · 1930
- Joint School District No. 4 v. Bailey-Marsh Co.Wisconsin Supreme Court · 1923