Standard Salt & Cement Co. v. National Surety Co.
Supreme Court of Minnesota
Two actions in the district court for St. Louis county, one by the Standard Salt & Cement Company to recover $2,636.54 fox materials sold and delivered to P. McDonnell and the other by the National Iron Company to recover $218 for other materials, both actions being upon the bond of defendant surety company in favor of the city of Duluth to secure the performance of a certain contract by defendant McDonnell for the improvement of part of East Fourth street in the city of…
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Two actions in the district court for St. Louis county, one by the Standard Salt & Cement Company to recover $2,636.54 fox materials sold and delivered to P. McDonnell and the other by the National Iron Company to recover $218 for other materials, both actions being upon the bond of defendant surety company in favor of the city of Duluth to secure the performance of a certain contract by defendant McDonnell for the improvement of part of East Fourth street in the city of Duluth. The cases were tried together before Cant, J., who made findings and ordered judgment in favor of each plaintiff…
1Opinion of the Court
Dibell, C.
Two actions on a contractor’s bond tried together. There were findings and judgments for the plaintiffs. The defendant surety company appeals from the judgments. The defendant contractor does not appear on this appeal.
Two general questions are presented:(1) Whether an action on the bond was barred by the provisions of the city charter pursuant to which it was executed, requiring notice to be given the contractor and surety within 90 days after the date of the last item furnished and suit to be brought within a year.(2) If not, whether an extension to the contractor by the plaintiff…
2Cases cited36 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Stewart v. TennantWest Virginia Supreme Court · 1903
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- National Surety Co. v. Architectural Decorating Co.Supreme Court of the United States · 1912
- Philadelphia v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1911
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3Cited by26 opinions
- Wichelman v. MessnerSupreme Court of Minnesota · 1957
- Reliance Insurance v. St. Paul Insurance CompaniesSupreme Court of Minnesota · 1976
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Ladies of the Modern Maccabees v. Illinois Surety Co.Michigan Supreme Court · 1917
- Grinnell Realty Co. v. General Casualty & Surety Co.Michigan Supreme Court · 1931
21 more not listed; retrieve them via the Exa API.