Maryland Casualty Co. v. Gottsche

Fifth Circuit

Maryland Casualty Co. v. Gottsche

18 F.2d 582, 1927 U.S. App. LEXIS 2026

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 15, 1927

DocketNo. 4967

StatusPublished

This text of 18 F.2d 582 (Maryland Casualty Co. v. Gottsche) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maryland Casualty Co. v. Gottsche, 18 F.2d 582, 1927 U.S. App. LEXIS 2026 (5th Cir. 1927).

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Opinion

WALKER, Circuit Judge.

By the decree in this ease the surety on a bond given by one who contracted with Jackson county, Mississippi, to construct a highway in that county, was held liable for the priee or value of animal food sold to the contractor and used by him as food for animals used in doing grading work on the highway which was the subject of that contract. Included' in the condition of the bond was the provision that the principal “shall 'pay * * * all persons furnishing said principal with material and labor in the course of the performance of said work.”

Under a Mississippi statute such a bond is enforceable for the benefit of persons supplying to the contractor labor or material for the work contracted for. Laws Miss. 1918, c. 217. Decisions of the Supreme Court of Misissippi are to the effect that the surety on such a bond is liable for the feed for the mules and the coal, gasoline, and oil used by the contractor in operating machinery to perform such contract. McElrath & Rogers et al. v. W. G. Summons & Sons et al. (Miss.) 112 So. 164; Standard Oil Co. v. National Surety Co. (Miss.) 107 So. 559. The above-mentioned ruling was in accord with the decisions cited, and was not erroneous.

The decree is affirmed.

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WALKER, Circuit Judge.

By the decree in this ease the surety on a bond given by one who contracted with Jackson county, Mississippi, to construct a highway in that county, was held liable for the priee or value of animal food sold to the contractor and used by him as food for animals used in doing grading work on the highway which was the subject of that contract. Included' in the condition of the bond was the provision that the principal “shall 'pay * * * all persons furnishing said principal with material and labor in the course of the performance of said work.”

Under a Mississippi statute such a bond is enforceable for the benefit of persons supplying to the contractor labor or material for the work contracted for. Laws Miss. 1918, c. 217. Decisions of the Supreme Court of Misissippi are to the effect that the surety on such a bond is liable for the feed for the mules and the coal, gasoline, and oil used by the contractor in operating machinery to perform such contract. McElrath & Rogers et al. v. W. G. Summons & Sons et al. (Miss.) 112 So. 164; Standard Oil Co. v. National Surety Co. (Miss.) 107 So. 559. The above-mentioned ruling was in accord with the decisions cited, and was not erroneous.

The decree is affirmed.

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Bluebook (online)

18 F.2d 582, 1927 U.S. App. LEXIS 2026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maryland-casualty-co-v-gottsche-ca5-1927.

Opinion

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