Legal Opinion
National Surety Co. v. United States
Court of Appeals for the Second Circuit
Decided May 23, 1903No. 166PublishedCited by 3 opinions
In Error to the Circuit Court of the United States for the Southern District of New York.
1Opinion of the Court
WALLACE, Circuit Judge.
This is a writ of error by the defendant in the court below. The action was brought to enforce a contract dated December 21, 1895, made between the plaintiff and one Cole-grove as principal, and the defendant as surety, for the carrying of the mail on route No. 220,012 by Colegrove. Upon the trial it appeared that Colegrove neglected to perform the service contracted for, and the court directed a verdict for the damages sustained by plaintiff by reason of the default.
Upon the trial the defendant offered to prove that on the 28th of •October, 1895, the defendant…
2Cited by3 opinions
- United States Fidelity & Guaranty Co. v. City of PensacolaSupreme Court of Florida · 1914
- United States v. AlcornU.S. Circuit Court for the District of Western Missouri · 1906
- State Ex Rel. Nauman v. Pondera Valley State BankMontana Supreme Court · 1926