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Hardaway v. National Surety Co., 211 U.S. 552 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hardaway v. National Surety Co., 211 U.S. 552 (1909)
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Hardaway v. National Surety Company No. 44 Argued December 8, 1908 Decided January 4, 1909 211 U.S. 552
APPEAL FROM THE UNITED STATES CIRCUIT
COURT OF APPEALS FOR THE SIXTH CIRCUIT
Syllabus
One who furnishes money and superintends the completion of work under a government contract is not a subcontractor within the meaning of the Act of August 13, 1894, c. 280, 28 Stat. 278, and is not entitled to recover a deficit from the surety, and where there is no liability of the contractor, there can be no recovery against the surety on the contractor’s bond.
The right of the surety on a bond for performance of a contract given under the Act of August 13, 1894, c. 280, 28 Stat. 278, to be subrogated to the contractor’s claim for balance due from the government is superior to that of one advancing money to the contractor on assignment of such claim. Prairie State Bank v. United States, 164 U.S. 227.
150 F. 465 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Hardaway v. National Surety Co., 211 U.S. 552 (1909) in 211 U.S. 552 211 U.S. 553. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=Q54TSQB1D1WEXFK.
MLA: U.S. Supreme Court. "Syllabus." Hardaway v. National Surety Co., 211 U.S. 552 (1909), in 211 U.S. 552, page 211 U.S. 553. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Q54TSQB1D1WEXFK.
Harvard: U.S. Supreme Court, 'Syllabus' in Hardaway v. National Surety Co., 211 U.S. 552 (1909). cited in 1909, 211 U.S. 552, pp.211 U.S. 553. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=Q54TSQB1D1WEXFK.
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