Allen County v. U. S. Fidelity & Guaranty Co
Court of Appeals of Kentucky
CASE 94. — ACTION BY ALLEN COUNTY AGAINST THE UNITED STATES FIDELITY & GUARANTY CO., AS SURETY ON A CONTRACTORS BOND FOR BUILDING A COURT HOUSE. — May 9. Appeal from Allen Circuit Court. JohN M. Galloway, Circuit Judge. Prom the judgment both parties appeal. (No brief in the.record.) POINTS AND AUTHORITIES CITED. 1. The material man may maintain action in his own name. (Kauffman-v. Cooper, 65 N. W., 796; Bowdilet v. Gourdy, 24 Pa. Sup.
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CASE 94. — ACTION BY ALLEN COUNTY AGAINST THE UNITED STATES FIDELITY & GUARANTY CO., AS SURETY ON A CONTRACTORS BOND FOR BUILDING A COURT HOUSE. — May 9. Appeal from Allen Circuit Court. JohN M. Galloway, Circuit Judge. Prom the judgment both parties appeal. (No brief in the.record.) POINTS AND AUTHORITIES CITED. 1. The material man may maintain action in his own name. (Kauffman-v. Cooper, 65 N. W., 796; Bowdilet v. Gourdy, 24 Pa. Sup. Ct., 342; Baker v. Bryan, 21 N. W., 83; St. Louis, &e. v. Von Phul, 34 S. W., 843; Schrieber v. Worm, 72 N. E., 852; Hall v. Alford, 105 Ky., 664.) 2. A…
1Opinion of the Court
*828OPINION OF THE COURT BY
JOHN D. CaRROLL, Commissioner.
These two appeals are prosecuted on the same record and from the same judgment. The facts involved in this litigation are substantially these: In March, 1903, Allen county entered into' a, contract with one B. P. Manley to erect a courthouse, in consideration for which the county obligated itself to pay Manley $12,987. The contract contains several articles. Those that are pertinent to an understanding .and disposal of this case are as follows:
“Article 3. No alteration shall be made in the wiork shown or described by the drawings and…
2Cases cited6 opinions
- Trustees of Belleview v. HohnCourt of Appeals of Kentucky · 1884
- Hightower v. BaileyCourt of Appeals of Kentucky · 1900
- Perry County v. EngleCourt of Appeals of Kentucky · 1903
- Roe v. Scanlan & Co.Court of Appeals of Kentucky · 1895
- Noonan v. HastingsCourt of Appeals of Kentucky · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Standard Oil Co. of N.J. v. National Surety Co.Court of Appeals of Kentucky (pre-1976) · 1930
- City of Mt. Sterling v. Montgomery CountyCourt of Appeals of Kentucky · 1913
- Mid-Continent Petroleum Corp. v. Southern Surety Co.Court of Appeals of Kentucky (pre-1976) · 1928
- Steele & Lebby v. Flynn-Sullivan Co.Court of Appeals of Kentucky (pre-1976) · 1932
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
17 more not listed; retrieve them via the Exa API.