Legal Opinion

United States Fidelity & Guaranty Co. v. McNulty Bros.

Court of Appeals for the First Circuit

Decided June 8, 1926No. Nos. 1919-1921PublishedCited by 5 opinions

1Opinion of the Court

ANDERSON, Circuit Judge.

This is a controversy arising under the Materialmen’s Act (28 Stat. 278; 33 Stat. 811 [Comp. St. § 6923]). On January 17, 1910, the Noel Construction Company entered into a contract with the United States for the erection of three hospitals — one in Chelsea, Mass., one in Newport, R. I., and one in Portsmouth, N. H. — at an aggregate price of $847,100. The contract is stipulated to be a “single, entire, and indivisible contract.” The plaintiffs iff error in Nos. 1919 and 1920 were sureties on the bond of $254,130.

On December 2,1915, suit was brought by McNulty Bros.,…

2Cases cited6 opinions

  1. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
  2. Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
  3. Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
  4. United States Ex Rel. Alexander Bryant Co. v. New York Steam Fitting Co.Supreme Court of the United States · 1914
  5. London & Lancashire Indemnity Co. of America v. SmootCourt of Appeals for the D.C. Circuit · 1923

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

3Cited by5 opinions

  1. Lambert Lumber Co. v. Jones Engineering & Construction Co.Court of Appeals for the Eighth Circuit · 1931
  2. United States Casualty Co. v. District of Columbia ex rel. North American Cement Corp.Court of Appeals for the D.C. Circuit · 1939
  3. United States ex rel. Graybar Electric Co. v. MacKenzie-Foster Co.District Court, D. Massachusetts · 1962
  4. United States v. Wibco, Inc.District Court, District of Columbia · 1975
  5. Southern Surety Co. v. Western Pipe & Steel Co. of CaliforniaCourt of Appeals for the Ninth Circuit · 1926

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