Legal Opinion

City of Duluth v. Heney

Supreme Court of Minnesota

Decided April 16, 1890PublishedCited by 5 opinions

Appeal by plaintiff from an order of the district court for St. Louis county, refusing a new trial after trial before Stearns, J., and verdict directed in favor of defendants Eay & Carey, the sureties on the bond in suit.

1Opinion of the CourtCollins, J.

This is an action by the city, obligee, upon the bond considered in State Bank of Duluth v. Heney, 40 Minn. 145, (41 N. *156W. Rep. 411,) and to recover for the use and benefit of the owner, said bank, upon the claims which it attempted to collect in the former case; and also to recover for the use and benefit of Duncan, Gamble & Co., who furnished the same, the value of certain materials which were sold to the principals in said bond, and used by them in fulfilling the contract referred to in the opinion, supra. At the conclusion of the trial a verdict was ordered and rendered in favor of two of…

2Cases cited1 opinion

  1. State Bank v. HeneySupreme Court of Minnesota · 1889

3Cited by5 opinions

  1. Aetna Indemnity Co. v. Indianapolis Mortar & Fuel Co.Indiana Supreme Court · 1912
  2. United States Fidelity & Guaranty Co. v. American Blower Co.Indiana Court of Appeals · 1908
  3. Federal Union Surety Co. v. Commonwealth ex rel. VandiverCourt of Appeals of Kentucky · 1910
  4. Webb v. FrengWisconsin Supreme Court · 1923
  5. Massachusetts Bonding & Insurance v. Realty Trust Co.Supreme Court of Georgia · 1912

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