Legal Opinion

Sepp v. McCann

Supreme Court of Minnesota

Decided November 19, 1891PublishedCited by 7 opinions

Appeal by defendant John Silk, impleaded with Frank P. McCann, Timothy Sweeney, Andrew Doyle, and Michael F. Sweeney, from an order of the district court for Eamsey county, Otis, J., presiding, overruling his demurrer to the complaint in an action on the bond considered in the opinion.

1Opinion of the CourtGilfillan, C. J.

The city of St. Paul let a contract for doing certain public work to one Timothy Sweeney. He sublet a part of the work to McCann, and the assignors of plaintiff rendered services as laborers for McCann, upon and in the execution of the part of the work so sublet to McCann. Upon the execution of the contract between the city and Sweeney, he as principal, and the defendants Silk, Doyle, and Michael F. Sweeney as sureties, executed a bond in which they bound themselves in the sum of $18,300 to the city, “to be paid the city of St. Paul for the use of all persons who may perform any work or…

2Cited by7 opinions

  1. Columbia County v. Consolidated Contract Co.Oregon Supreme Court · 1917
  2. Dawson v. Northwestern Contruction Co.Supreme Court of Minnesota · 1917
  3. Gilmore v. WestermanWashington Supreme Court · 1896
  4. Guaranteed Gravel & Sand Co. v. Aetna Casualty & Surety Co.Supreme Court of Minnesota · 1928
  5. Maryland Casualty Co. v. Philbrick & Nicholson, Inc.Washington Supreme Court · 1928

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