Legal Opinion

County Court of Brooke County v. United States Fidelity & Guaranty Co.

West Virginia Supreme Court

Decided January 25, 1921PublishedCited by 6 opinions

Separate suits by the County Court of Brooke County against the United States Fidelity & Guaranty Company and against the Mack Manufacturing Company. Judgment for plaintiff, and cases certified to Supreme Court.

1Opinion of the Court

LyNoh, Judge :

These two cases are actions upon the same instrument — a joint and several penal bond with collateral condition, executed by defendants, Mack Manufacturing Company and United States Fidelity & Guaranty Company of Baltimore, Maryland, as principal and surety, respectively, to guarantee faithful performance by them of a contract to furnish paving bricks for the permanent improvement of designated public roads in Brooke County. In both cases the county court of Brooke County is plaintiff, *507and the purpose of each is to enforce the penalty of the bond. A determination of the four…

2Cases cited7 opinions

  1. Adkins v. Globe Fire InsuranceWest Virginia Supreme Court · 1898
  2. Norfolk & Western R. R. v. CottrellSupreme Court of Virginia · 1887
  3. Town of Lester ex rel. Richardson v. TrailWest Virginia Supreme Court · 1920
  4. State ex rel. McDermott v. United States Fidelity & Guaranty Co.West Virginia Supreme Court · 1920
  5. Riley v. YostWest Virginia Supreme Court · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State Ex Rel. West Virginia Sand & Gravel Co. v. Royal Indemnity Co.West Virginia Supreme Court · 1925
  2. United States Coal & Coke Co. v. TurkWest Virginia Supreme Court · 1944
  3. Ruffner v. Cunard Steamship Co.West Virginia Supreme Court · 1923
  4. Brash v. Appalachian Electric Power Co.West Virginia Supreme Court · 1959
  5. Central Trust Co. v. Mullens Realty & InsuranceWest Virginia Supreme Court · 1929

1 more not listed; retrieve them via the Exa API.

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