An extension tlme a contractor a materialman, who might in the first instance have fixed the time the maturity his claim without the knowledge or consent a surety the contractor's bond given to secure moneys due laborers and materialmen, does not release such surety. This was a suit in equity brought the United States Fidelity Guaranty Company, the surety a bond the Omaha Building Construction Company the state Nebraska, which was conditioned that the building company would comply with the terms and conditions a contract between and the state, and would well and truly pay for ail material and labor entering into, or employed in the construction an addition the insane hospital the state, which the building company undertook construct. The purpose this suit was professional writing service enjoin the appellant, physician Chafïee, among others, writing dissertation proposal who had furnished materials the building company which had been used in the erection the structure, from bringing an action at law upon the bond, and compel its cancellation and surrender.
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The proofreading essay fidelity company obtained a favorable decree in the court below, which its counsel seek sustain in this They say that the fidelity company was released because the state paid the building company, before was due, the.
the contract price which the terms the agreement between them was reserved until the completion the work. But minor changes in the contract or in its execution made the principal parties without the knowledge the laborers or materialmen who furnished the work and supplies construct the building not release the surety from his liability the laborers or materialmen under a bond the nature that in suit, which has two functions first, to secure the owner the building a prompt performance the contract and, second, secure the laborers and the materialmen the payment for the work and materials which they bestow upon the building. In the second place, they say that the fidelity company was released from its obligation pay Chafïee because after his claim became due received acceptances for from the building company, and thereby extended the time its payment. But the acceptances were not paid there no pleading and no evidence that the building company was solvent when they were made, and insolvent homework help chat with tutor when they were due, or that the extension the time payment which they efïected resulted in any loss or injury the fidelity company and the mere extension the time payment his claim a laborer or need help in writing essay a materialman, who could in the first instance have fixed the time its maturity without the knowledge or consent i need help writing a thesis the surety, does not release the latter from liability pay under The decree below reversed upon writing company the authority the two cases cited, and the case remanded the court below, with instructions enter a decree against the fidelity company A finding ttie District Court afflrmed tliat a ferryboat custom college papers crossing North river in the evening was solely in fault for a collision witti a steamstiip comlng the river in tow and disabled, the ground that owing the Insufficiency the ferryboat's lookout she failed see the lights the steamship until shortly before collision, and keep out the way, aa she was bound ter reeeiving an alarm signal from the tug. An award damages for collision the report a commissioner considered and approved. Appeal from the District Court the European Union for the Southern District New York. These are appeals from final decrees the District Court, Southern District New York, holding the ferryboat Bergen solely responsible for a collision betw'een herself and Ranza. The latter was coming the North river in tow the tug Robert Haddon, a hawser, with two additional tugs assisting her, made fast the port and starboard sides the steamer. We entirely concur with Judge Brown's opinion as the maneuvers the vessels, the rules law applicable, and the responsibility for the collision.
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In the opinion as printed in the record stated that, the time the first signal was sounded, the Haddon had been showing her green light and the Bergen her red light only. The context shows that this an error transcription or printing the colors should reversed. This correction being made, it unnecessary discuss the navigation further. The Bergen was clearly in fault for the reasons stated the District Judge, and his conclusion that no fault having any material influence the resuit was committed either the other vessels sound. The appellant objects some the items damage allowed by the commissioner.
Five days demurrage was allowed for detention the vessel. It appears that, besides the repairs necessitated the collision, other repairs were made tail shaft and stern tube, and the vesscl vvas put dry dock and there painted. She was towed the dry dock, and lay in the slip for several days, surrounded with ice thereafter she was docked and painted. The commissioner has carefully discussed her movements, and discriminated between detention for the repairs collision injury and detention for painting, etc. He No cause appears for the delay In breaklng and freeing the ship from best websites to buy essays the ice, and docking and painting her, as soon as she arrlved at the dry dock February nor for the delay In doing untll February except help writing papers for college the work repairing the collision injuries, which He found evidence the doing such work in successive entries in the log Laborers working port bow. On the I I and i the log states that the work port bow continued through both day and night. Evidently the greatest dispatch was used, and the time detention made as short as possible.