Union Indemnity Co. v. Riley

Court of Appeals of Georgia

Union Indemnity Co. v. Riley

151 S.E. 566, 40 Ga. App. 739, 1930 Ga. App. LEXIS 677

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1930

Docket19555

StatusPublished

This text of 151 S.E. 566 (Union Indemnity Co. v. Riley) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Union Indemnity Co. v. Riley, 151 S.E. 566, 40 Ga. App. 739, 1930 Ga. App. LEXIS 677 (Ga. Ct. App. 1930).

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Opinion

Jenkins, P. J.

This case is controlled by the decision of the Supreme Court in Union Indemnity Co. v. Riley, 169 Ga. 229 (150 S. E. 216). Under the ruling- there made, the bond sued on in the instant case was valid, and inured to the benefit of persons who furnished materials or labor to the principal named in the bond, under contracts with him, for use in constructing the school building which the principal had contracted to construct, and for the faithful performance of which contract the bond was given. Accordingly, the judgment of the municipal court dismissing on demurrer the instant suit, which was instituted in the name of the obligee in the bond for the use of one who had furnished materials and labor to the principal obligor, was erroneous, and the judge of the superior court did not err in sustaining the certiorari excepting thereto. Judgment affirmed.

Stephens and Bell, JJ., concur.

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Jenkins, P. J.

This case is controlled by the decision of the Supreme Court in Union Indemnity Co. v. Riley, 169 Ga. 229 (150 S. E. 216). Under the ruling- there made, the bond sued on in the instant case was valid, and inured to the benefit of persons who furnished materials or labor to the principal named in the bond, under contracts with him, for use in constructing the school building which the principal had contracted to construct, and for the faithful performance of which contract the bond was given. Accordingly, the judgment of the municipal court dismissing on demurrer the instant suit, which was instituted in the name of the obligee in the bond for the use of one who had furnished materials and labor to the principal obligor, was erroneous, and the judge of the superior court did not err in sustaining the certiorari excepting thereto. Judgment affirmed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

151 S.E. 566, 40 Ga. App. 739, 1930 Ga. App. LEXIS 677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-indemnity-co-v-riley-gactapp-1930.

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