Military Laws of the United States (Army) Volume 1

Military Laws of the United States (Army) Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... Same v. I'uget Sound Rngine Works (1908), 163 Fed. 168, 89 C. C. A. 618. A surety who when sued pays Into court the amount of the penal obligation of the bond, and Is thereupon discharged from further llubillty, Is not entitled to allowance of counsel fees from the fund. Insufficient to pay creditors of the principal against it. V. 8. t. Ilea ton (1904), 128 Fed. 414. 63 C. C. A. 150, modifying decree (C. C. 1903), 124 Fed. 890. Priority.--A surety's equity in sums due from the tlovernmont held superior to an assignment by contractor. Honnlngson v. United States Fidelity A Guaranty Co. (1008). 28 Sup. Ct. 389, 208 II. 8. 404. 52 L. Ed. 547, affirming decree (1906), 143 Fed. 810, 74 C. C. A. 484. The fact that the United States first commenced an action on the bond does not give It a right to priority, and, the fund having been paid into court, the right of the United States therein under the statute may properly be determined by the court as against other creditors brought In without objection, although the action fs one at law. U. S. r. Heaton (1904), 128 Fed. 414. 63 C. C. A. 156. in the distribution of the proceeds recovered on a bond conditioned as required by this section as originally enacted, the United States is not entitled to priority over laborers or materialmen who are also secured by the bond. U. S. v. American Surety Co. (1905), 135 Fed. 78, 67 C. C. A. 532, affirming Judgment (C. C. 1903), 126 Fed. 811. Where there are claims against a contractor and his sureties in favor of the United States, and of individuals supplying labor or materials, aggregating a sum In excess of the penalty of the bond, the equitable rule of pro rata distribution will be applied, and no priority will be given to the United States, or to more

Product details

  • Paperback
  • 189 x 246 x 33mm | 1,134g
  • United States
  • English
  • black & white illustrations
  • 1236894588
  • 9781236894588