Hudson-Fulton Celebration Committee v. Hess

U.S. Circuit Court for the District of Southern New York

Hudson-Fulton Celebration Committee v. Hess

173 F. 797, 1909 U.S. App. LEXIS 5913

CourtU.S. Circuit Court for the District of Southern New York

DecidedSeptember 29, 1909

StatusPublished

This text of 173 F. 797 (Hudson-Fulton Celebration Committee v. Hess) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hudson-Fulton Celebration Committee v. Hess, 173 F. 797, 1909 U.S. App. LEXIS 5913 (circtsdny 1909).

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Opinion

LACOMBE, Circuit Judge.

The order merely required the complainants to “file a bond in the sum of $5,000 to secure payment.” Nothing was prescribed as to the form, whether it should be executed by a principal and surety, or by the guarantor alone. The bond offered is a sufficient compliance with the terms of the order, and it appears, from the copy of the charter of the National Surety Company, that it has power to make such bonds.

The papers now submitted meet the criticism advanced as to proof of execution, and the bond is approved, and may be filed nunc pro tunc as of September 24, 1909.

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LACOMBE, Circuit Judge.

The order merely required the complainants to “file a bond in the sum of $5,000 to secure payment.” Nothing was prescribed as to the form, whether it should be executed by a principal and surety, or by the guarantor alone. The bond offered is a sufficient compliance with the terms of the order, and it appears, from the copy of the charter of the National Surety Company, that it has power to make such bonds.

The papers now submitted meet the criticism advanced as to proof of execution, and the bond is approved, and may be filed nunc pro tunc as of September 24, 1909.

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Bluebook (online)

173 F. 797, 1909 U.S. App. LEXIS 5913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-fulton-celebration-committee-v-hess-circtsdny-1909.