Legal Opinion

State v. Fidelity and Deposit Company of Maryland

Supreme Court of Delaware

Decided October 23, 1963PublishedCited by 3 opinions

1Opinion of the Court

Terry, Chief Justice.

On or about April 18, 1958, James H. Wood, a general contractor, entered into a contract with the Board of Trustees of Delaware State College at Dover, Delaware, for certain construction work. Contemporaneous with this contract, Wood, as principal, and Fidelity and Deposit Company of Maryland, as surety, executed a labor and material payment bond in favor of the State College. In addition to containing the conditions enunciated in 29 Del. C. Sec. 69jp2, the bond contained the following provisions.

“3. No suit or action shall be commenced hereunder by any claimant,
“('a)…

2Cases cited14 opinions

  1. Duke v. National Surety Co.Washington Supreme Court · 1924
  2. Western Casualty & Guaranty Ins. v. Board of Com'rsSupreme Court of Oklahoma · 1916
  3. Wilmington Housing Authority v. Fidelity & Deposit Co. of MarylandSupreme Court of Delaware · 1946
  4. Village of Chester v. LeonardSupreme Court of Connecticut · 1897
  5. Standard Asphalt & Rubber Co. v. Texas Building Co.Supreme Court of Kansas · 1917

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State Ex Rel. Christopher v. Planet Insurance Co.Superior Court of Delaware · 1974
  2. RLI Insurance v. Indian River School DistrictDistrict Court, D. Delaware · 2008
  3. State Ex Rel. Certain-Teed Products Corp. v. United Pacific InsuranceSuperior Court of Delaware · 1978

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