Dwyer v. United States ex rel. Allentown Rolling Mills
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the circuit court, Southern district of New York, in favor of defendant in error, who was plaintiff below. The action was on a bond conditioned to pay for labor and materials furnished in the erection of a lighthouse in Portland harbor.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment of the circuit court, Southern district of New York, in favor of defendant in error, who was plaintiff below. The action was on a bond conditioned to pay for labor and materials furnished in the erection of a lighthouse in Portland harbor. The cause was tried at circuit, and a verdict rendered by the jury (June 24, 1898) for $11,525.38. Entry of judgment was suspended for nearly six months, apparently to allow defendants to prepare and serve a…
1Per curiam
There being no bill of exceptions, the writ of error brings up only the judgment roll, and whatever questions may arise thereon. Two assignments of error only have been presented in argument.
1. It appears that the bond was in the amount of $12,000, and defendants contend that there can be no recovery in excess of that sum. It is well settled that no damages can be recovered in excess of the penalty named in the bond, but the costs which plaintiff is made to incur by the obligors’ failure to pay on demand, and subsequent defense of the action, a,re within neither the letter nor the spirit of…
2Cited by7 opinions
- Miller v. RobertsonSupreme Court of the United States · 1924
- United States Fidelity & Guaranty Co. v. California-Arizona Construction Co.Arizona Supreme Court · 1920
- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
- Hartford Accident & Indemnity Co. v. CasassaMassachusetts Supreme Judicial Court · 1938
- Goodspeed v. DubyOregon Supreme Court · 1929
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