United States Fidelity & Guaranty Co. of Baltimore v. Marathon Lumber Co.
Mississippi Supreme Court
Appeal from the chancery court, of Jones county. G. 0. TaNN, Chancellor. Bill of interpleader by the hoard of trustees of the South Mississippi Charity Hospital against the United States Fidelity & Guaranty Company, of Baltimore, Maryland, the Marathon Lumber Company and others. From a decree in favor of the Marathon Lumber Company and others, the United States Fidelity & Guaranty Company of Baltimore, Maryland, and others appeal, affirmed.
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Appeal from the chancery court, of Jones county. G. 0. TaNN, Chancellor. Bill of interpleader by the hoard of trustees of the South Mississippi Charity Hospital against the United States Fidelity & Guaranty Company, of Baltimore, Maryland, the Marathon Lumber Company and others. From a decree in favor of the Marathon Lumber Company and others, the United States Fidelity & Guaranty Company of Baltimore, Maryland, and others appeal, affirmed. Now, the law is well settled in cases of this character that.the surety was not, by implication, liable for' the materials furnished by the appellees;…
1Opinion of the CourtHoldeN, J.
The Board of Trustees of the South Mississippi Charity Hospital entered into a contract with the Burke Construction Company for the erection of a hospital building at Laurel, authorized by the legislature of the state. By the terms of the contract, the Burke Construction Company obligated itself to furnish all labor and material for the erection of the building in accordance with certain plans and specifications prepared by an architect, for the sum of forty two thousand four hundred and forty seven dollars and eighty six cents. The contract, amongst other things, provided that if the…
2Cases cited1 opinion
- National Surety Co. v. Hall-Miller Decorating Co.Mississippi Supreme Court · 1913
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- Mississippi Fire Ins. v. EvansMississippi Supreme Court · 1929
- First Nat. Bank v. Monroe CountyMississippi Supreme Court · 1923
- Oliver Const. Co. v. DancyMississippi Supreme Court · 1925
- Jackson Lumber Co. v. MoseleyMississippi Supreme Court · 1942
- Glens Falls Indemnity Co. v. American Awning & Tent Co.Supreme Court of Rhode Island · 1935
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