American Surety Co. v. Fidelity Trust Co.

Third Circuit

American Surety Co. v. Fidelity Trust Co.

179 F. 699, 103 C.C.A. 29, 1910 U.S. App. LEXIS 4697

CourtCourt of Appeals for the Third Circuit

DecidedJune 15, 1910

DocketNo. 29

StatusPublished

Cited by3 cases

This text of 179 F. 699 (American Surety Co. v. Fidelity Trust Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Surety Co. v. Fidelity Trust Co., 179 F. 699, 103 C.C.A. 29, 1910 U.S. App. LEXIS 4697 (3d Cir. 1910).

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Opinion

BUFFINGTON, Circuit Judge.

This is a writ of error from a judgment entered in the court below in favor of the plaintiff, the Fidelity Trust Company, trustee under the will of Richard Smith, on a verdict rendered in its favor. To the entry of judgment on such verdict, and the denial of its motion for judgment non obstante veredicto, the defendant, the American Surety Company, sued out this writ. The action was upon a surety bond given to the plaintiff by defendant, conditioned for the designing and furnishing by one Bartlett, a sculptor, of a bronze memorial statue of Gen. McClellan. The opinion of the court below is reported in 175 Fed. 200. The facts of the case and the conclusions of law are so fully and ably set forth therein that an opinion by this court would practically be but a repetition.

We therefore adopt the opinion of the lower court, and affirm the judgment.

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BUFFINGTON, Circuit Judge.

This is a writ of error from a judgment entered in the court below in favor of the plaintiff, the Fidelity Trust Company, trustee under the will of Richard Smith, on a verdict rendered in its favor. To the entry of judgment on such verdict, and the denial of its motion for judgment non obstante veredicto, the defendant, the American Surety Company, sued out this writ. The action was upon a surety bond given to the plaintiff by defendant, conditioned for the designing and furnishing by one Bartlett, a sculptor, of a bronze memorial statue of Gen. McClellan. The opinion of the court below is reported in 175 Fed. 200. The facts of the case and the conclusions of law are so fully and ably set forth therein that an opinion by this court would practically be but a repetition.

We therefore adopt the opinion of the lower court, and affirm the judgment.

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Bluebook (online)

179 F. 699, 103 C.C.A. 29, 1910 U.S. App. LEXIS 4697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-surety-co-v-fidelity-trust-co-ca3-1910.

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