United States ex rel. Anniston Pipe & Foundry Co. v. National Surety Co.
Court of Appeals for the Eighth Circuit
In Error )o (ho Circuit Court of the United States for the Eastern District of ^Missouri. This suit was brought by the Anniston Pipe & Foundry Company, the plaintiff in on or, in the name of the United States, against the National Surety Company, the defendant in error, on a bond executed by the defendant on July 15, .1895, as surety for T. J. Prosser, the bond having been executed pursuant to the provisions of an act of congress approved August 13, 1891 (28 Slat. 278, c.…
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In Error )o (ho Circuit Court of the United States for the Eastern District of ^Missouri. This suit was brought by the Anniston Pipe & Foundry Company, the plaintiff in on or, in the name of the United States, against the National Surety Company, the defendant in error, on a bond executed by the defendant on July 15, .1895, as surety for T. J. Prosser, the bond having been executed pursuant to the provisions of an act of congress approved August 13, 1891 (28 Slat. 278, c. 280), which is as follows: “An act for the protection of persons furnishing materials and labor for the construction of…
1Opinion of the CourtThayer, Circuit Judge
It is a familiar rule of law that the contract of a surety must be strictly construed, and that it cannot be enlarged by construction, and that when a bond, with sureties, has been given to secure the performance of a contract, and the principal in the bond and the person for whose benefit it "was given make a material change in the contract without the consent of the surety, the latter is thereby discharged. For present purposes, it may be conceded that the finding of the lower court in the case at bar discloses such a modification of the original contract between Prosser and the United…
2Cases cited5 opinions
- Doll v. CrumeNebraska Supreme Court · 1894
- Kaufmann v. CooperNebraska Supreme Court · 1896
- Dewey v. State ex rel. McCullomIndiana Supreme Court · 1883
- Conn v. State ex rel. StutsmanIndiana Supreme Court · 1890
- Steffes v. LemkeSupreme Court of Minnesota · 1889
3Cited by52 opinions
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Williams v. BaldwinTexas Commission of Appeals · 1921
- United States v. Seaboard Surety Co.District Court, D. Montana · 1938
- United States, ex rel. Fidelity Nat. Bank v. RundleCourt of Appeals for the Ninth Circuit · 1900
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