Wold v. Bankers Surety Co.
Supreme Court of Minnesota
Action, in the district court for Roseau county against James Forrestal and Nicholas Eeyen and Bankers Surety Company to recover $203.80 upon the bond of defendants to the state of Minnesota, acting through the state drainage commission, for the performance of their contract to construct the ditch known as State Ditch No. 69. The answer of defendant surety company set up that plaintiff did not serve defendant with a written notice of his claim within 90 days after completion…
Read the full summary
Action, in the district court for Roseau county against James Forrestal and Nicholas Eeyen and Bankers Surety Company to recover $203.80 upon the bond of defendants to the state of Minnesota, acting through the state drainage commission, for the performance of their contract to construct the ditch known as State Ditch No. 69. The answer of defendant surety company set up that plaintiff did not serve defendant with a written notice of his claim within 90 days after completion of the contract and the acceptance of the work as required by the statute, and that the action was begun more than one…
1Opinion of the CourtBrown, C. J.
This action was brought to recover upon a drainage contractor’s bond, for labor performed in the construction of the drain, in which defendant, the surety, interposed in defense that the notice of claim required to be given by section 8249, G. S. 1913, was-not served within the time prescribed by that statute or at all; for the failure to serve which defendant claimed that plaintiff’s right of action on the bond is barred. Plaintiff demurred to this part of the answer, and defendant appealed from an order sustaining the same.
Two classes of public bonds are created by chapter 95, G. S. 1913,…
2Cases cited1 opinion
- Rosman v. Bankers Surety Co.Supreme Court of Minnesota · 1914
3Cited by10 opinions
- Cashman v. HedbergSupreme Court of Minnesota · 1943
- In Re Improvement of County Ditch No. 11, Martin CountySupreme Court of Minnesota · 1958
- State ex rel. Town of Dovray v. NelsonSupreme Court of Minnesota · 1920
- Corey v. PaineSupreme Court of Minnesota · 1926
- County of Blue Earth v. Bisballe Construction CompanySupreme Court of Minnesota · 1926
5 more not listed; retrieve them via the Exa API.