Pacific Surety Co. v. Leatham & Smith Towing & Wrecking Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of the Eastern Division of Illinois. The Pacific Surety Company, appellant, and one Samuel R. Chamberlain, were sued in admiralty by the appellee, Leatham & Smith Towing & Wrecking Company, upon a bond executed by the appellant, as surety, and Chamberlain, as principal, in favor of the appellee, conditioned upon performance by the principal of a contract for charter of the steamer Joseph L. Hurd,…
Read the full summary
Appeal from the District Court of the United States for the Northern District of the Eastern Division of Illinois. The Pacific Surety Company, appellant, and one Samuel R. Chamberlain, were sued in admiralty by the appellee, Leatham & Smith Towing & Wrecking Company, upon a bond executed by the appellant, as surety, and Chamberlain, as principal, in favor of the appellee, conditioned upon performance by the principal of a contract for charter of the steamer Joseph L. Hurd, of even date, made between the principal and the appellee, as managing owner of the steamer. Upon the libel in personam,…
1Opinion of the Court
SEAMAN, Circuit Judge,
after stating the facts, delivered 'the opinion of the court.
The liability with which the appellant is charged under the decree, in conformity with the libel, rests upon its execution of a bond, as surety, with Chamberlain as principal, which states the condition of the obligation to be that:
“Chamberlain fulfills a certain contract made with the Leatham & Smith Towing & Wrecking Co. managing owners of the Steamer Jos. L. Hurd to guarantee a contract covering the charter of said steamer for a period or term commencing May 14, 1901, and ending November 30th, 1901. unless…
2Cases cited21 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
- The J. E. RumbellSupreme Court of the United States · 1893
- Edwards v. ElliottSupreme Court of the United States · 1874
16 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- Interocean Shipping Company v. National Shipping and Trading Corporation and Hellenic International Shipping, S.A.Court of Appeals for the Second Circuit · 1972
- Effjohn International Cruise Holdings, Inc. v. A&L Sales, Inc.Court of Appeals for the Fifth Circuit · 2003
- Aqua-Marine Constructors, Inc. v. BanksCourt of Appeals for the Ninth Circuit · 1997
- Compagnie Francaise De Navigation a Vapeur v. BonnasseCourt of Appeals for the Second Circuit · 1927
36 more not listed; retrieve them via the Exa API.