Dickson v. City of St. Paul
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover from defendant City of St. Paul $10,767.80 upon five contracts for public work made by W. J. Preston with defendant, the claims for money due under such -contracts having been assigned to plaintiff. E. E. Berrisford and others, being the bondsmen of Preston on certain of the contracts, intervened, claiming to be entitled to the moneys due from defendant.
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Action in the district court for Ramsey county to recover from defendant City of St. Paul $10,767.80 upon five contracts for public work made by W. J. Preston with defendant, the claims for money due under such -contracts having been assigned to plaintiff. E. E. Berrisford and others, being the bondsmen of Preston on certain of the contracts, intervened, claiming to be entitled to the moneys due from defendant. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of intervenors upon certain of the causes of action for $1,474.87, and, under instructions, a verdict…
1Opinion of the Court
ELLIOTT, J.2
This action was brought to recover money due from the city of St. Paul upon five contracts with one Preston for the construction of certain public works. When the contracts were executed, Preston, to secure their faithful performance, executed certain bonds upon which the intervenors Schroeder and Donnelly were sureties. About the same time Preston assigned the money due or to become due on the contracts to Dickson. After a part of the work had been done Preston became financially embarrassed, and finally went into bankruptcy. Thereafter Dickson brought this action against the…
2Cases cited2 opinions
- Fortunato v. . PattenNew York Court of Appeals · 1895
- O'Connor v. MeehanSupreme Court of Minnesota · 1891
3Cited by13 opinions
- Butler v. San Francisco Gas & Electric Co.California Supreme Court · 1914
- First National Bank of Madison v. School DistrictNebraska Supreme Court · 1906
- Farmers State Bank of Madelia, Inc. v. BurnsSupreme Court of Minnesota · 1942
- National Surety Co. v. MaagIndiana Court of Appeals · 1909
- Washoe County Bank v. CampbellNevada Supreme Court · 1917
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