Massachusetts Bonding & Ins. Co. v. Chouteau Trust Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Suit by the Massachusetts Bonding & Insurance Company against the Chouteau Trust Company. From a decree for defendant, complainant appeals.
1Opinion of the Court
VAN VARKENBURGH, District Judge.
This is a suit in equity, brought to enforce an alleged right of equitable subrogation and for accounting and recovery thereunder. The case involves a claim by the appellant, as surety upon the bond of the Cooney-Garland Company, contractor with the city of St. Rouis to construct and complete what is known as the Russell Place joint district sewer, upon certain tax bills issued by the city for that improvement and assigned by the contractor and delivered to the appellee. The funds accruing to the contractor were insufficient to pay the claims arising from the…
2Cases cited3 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Hardaway v. National Surety Co.Supreme Court of the United States · 1909
- Cox v. New England Equitable Ins.Court of Appeals for the Eighth Circuit · 1917
3Cited by8 opinions
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Royal Indemnity Co. v. Day & Maddock Co.Ohio Supreme Court · 1926
- Exchange State Bank v. Federal Surety Co.Court of Appeals for the Eighth Circuit · 1928
- United States Fidelity & Guaranty Co. v. ArmstrongSupreme Court of Alabama · 1932
- Chouteau Trust Co. v. Massachusetts Bonding & Ins.Court of Appeals for the Eighth Circuit · 1924
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