Legal Opinion
United States of America for the Use and Benefit of J. P. Byrne & Co., Inc. v. Fire Association of Philadelphia
Court of Appeals for the Second Circuit
Decided October 31, 1958No. 14, Docket 25025PublishedCited by 45 opinions
1Opinion of the Court
CLARK, Chief Judge.
Fire Association of Philadelphia appeals from a judgment in favor of the use plaintiff, J. P. Byrne & Co., Inc., for $16,372.25 for tires sold by Byrne to Dutcher Construction Corporation, a co-defendant below, between February 26, 1956, and April 11, 1956. Appellant is surety upon a payment bond filed by Dutcher, a prime contractor with the United States, in compliance with the Miller Act, 40 U.S.C. §§ 270a-270d. The action was tried before Judge Brennan in the district court, originally sitting with a jury. But as the trial raised no material issue of fact, upon the…
2Cases cited25 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
20 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- National State Bank of Newark v. Terminal Const. Corp.District Court, D. New Jersey · 1963
- City of Weippe v. YarnoIdaho Supreme Court · 1974
- International Harvester Co. v. L. G. DeFelice & Son, Inc.Supreme Court of Connecticut · 1964
- McGee Steel Co. v. State Ex Rel. McDonald Industries Alaska, Inc.Alaska Supreme Court · 1986
- Ruberoid v. GLASSMAN CONSTRUCTION COMPANY, INC.Court of Appeals of Maryland · 1967
40 more not listed; retrieve them via the Exa API.