Home Indemnity Co.

Court of Claims

Home Indemnity Co.

151 Ct. Cl. 703, 1960 U.S. Ct. Cl. LEXIS 178, 1960 WL 1487

CourtUnited States Court of Claims

DecidedDecember 2, 1960

DocketNo. 321-56

StatusPublished

This text of 151 Ct. Cl. 703 (Home Indemnity Co.) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Home Indemnity Co., 151 Ct. Cl. 703, 1960 U.S. Ct. Cl. LEXIS 178, 1960 WL 1487 (cc 1960).

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Opinion

Contract; subrogation; retained contract funds; surety on performance and payment bonds and trustee in bankruptcy for contractor — rights of. — Plaintiff, surety on the perform-[704]*704anee and payment bonds of a Government contractor, completed the contract after the default of the contractor and sued to recover sums withheld by defendant and due under the contract. Defendant filed a counterclaim for liquidated damages and unpaid withholding and unemployment taxes. The contractor’s trustees in bankruptcy (third-party plaintiffs) also claimed the balance due under the contract. On November 29, 1960, the case came before the court for oral argument on plaintiff’s motion for summary judgment and defendant’s motion for summary judgment on its counterclaim, which motions were granted in open court. On December 2, 1960, it was ordered that judgment be entered for plaintiff in the sum of $30,933.62 after allowing an offset in the amount of $3,083.62 to which defendant was entitled on its counterclaim, and the claim of the third-party plaintiffs was dismissed.

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Contract; subrogation; retained contract funds; surety on performance and payment bonds and trustee in bankruptcy for contractor — rights of. — Plaintiff, surety on the perform-[704]*704anee and payment bonds of a Government contractor, completed the contract after the default of the contractor and sued to recover sums withheld by defendant and due under the contract. Defendant filed a counterclaim for liquidated damages and unpaid withholding and unemployment taxes. The contractor’s trustees in bankruptcy (third-party plaintiffs) also claimed the balance due under the contract. On November 29, 1960, the case came before the court for oral argument on plaintiff’s motion for summary judgment and defendant’s motion for summary judgment on its counterclaim, which motions were granted in open court. On December 2, 1960, it was ordered that judgment be entered for plaintiff in the sum of $30,933.62 after allowing an offset in the amount of $3,083.62 to which defendant was entitled on its counterclaim, and the claim of the third-party plaintiffs was dismissed.

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Bluebook (online)

151 Ct. Cl. 703, 1960 U.S. Ct. Cl. LEXIS 178, 1960 WL 1487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/home-indemnity-co-cc-1960.