Legal Opinion

Hipwell v. the National Surety Co.

Supreme Court of Iowa

Decided December 16, 1905PublishedCited by 42 opinions

Appeal from Webster District Court.— Hon. W. D. Evans, Judge. The council of the city of Et. Dodge by resolution adopted January 28, 1901, appointed a committee of its citizens, consisting of the mayor, S. J. Bennett, and his successors in office, George S. Ringland, O. M. Oleson, Wehb Vincent, and Leon Vincent, for and in behalf of the city, “ to take charge of the construction of the Public Library in the said city, for which a site has been conveyed to the said city, and…

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Appeal from Webster District Court.— Hon. W. D. Evans, Judge. The council of the city of Et. Dodge by resolution adopted January 28, 1901, appointed a committee of its citizens, consisting of the mayor, S. J. Bennett, and his successors in office, George S. Ringland, O. M. Oleson, Wehb Vincent, and Leon Vincent, for and in behalf of the city, “ to take charge of the construction of the Public Library in the said city, for which a site has been conveyed to the said city, and the said committee is empowered and directed to do all things necessary and proper in the selection of plans for the…

1Opinion of the CourtLadd, J.

1. CoamAc'roWs BOND: breach: actions. Judgment was entered in favor of all the subcontractors against the National Surety Company of New York, and it contends this was error, in that the bond executed by it was not intended for their benefit, and expressly excluded them therefrom. The agreement between the committee and the contractor, as well as the bond executed by the contractor and the National Surety Company, recited that the committee had been appointed by the City of Ft. Dodge, that the library was being constructed for the city, and, in the contract, that the committee was acting for…

2Cases cited28 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
  3. Delaware County Commissioners v. Diebold Safe & Lock Co.Supreme Court of the United States · 1890
  4. County of Harris v. CampbellTexas Supreme Court · 1887
  5. Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904

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3Cited by42 opinions

  1. Byram Lumber & Supply Co. v. PageSupreme Court of Connecticut · 1929
  2. Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
  3. Canton Exchange Bank v. Yazoo CountyMississippi Supreme Court · 1926
  4. Salt Lake City v. O'ConnorUtah Supreme Court · 1926
  5. Fulghum & Union Indemnity Co. v. StateSupreme Court of Florida · 1926

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

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