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WCU - Great Smoky Mountains - A Park for America

Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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wcu_great_smoky_mtns-9742.jpg

Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 2 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 3 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 4 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 5 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 6 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 7 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 8 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 9 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item 10 - Federal court records: Stevenson et al. v. Fain et al.: Telico River area
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Federal court records: Stevenson et al. v. Fain et al.: Telico River area

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Item’s are ‘child’ level descriptions to ‘parent’ objects, (e.g. one page of a whole book).

  • STEVENSON V. FAIN. 14' construction company's assignment of its earnings under the contract, and are in no manner affected thereby. Their rights rest on the covenant in the bond which the statute required to be inserted for their security and protection. This covenant is quite independent of the covenants contained in the bond for the security and protection of the state. In the case of U. S. v. National Surety Co., 34 C. C. A. 526, 92 Fed. 549, we had occasion to consider the legal rights of those who furnished labor and materials to a contractor under a bond similar to the one involved in this suit, and the court, speaking by Judge Thayer, said: "The two agreements which the bond contains, the one for the benefit of the government, and the one for the benefit of third persons, are as distinct as If they were contained In separate instruments, the government's name being used as obligee in the latter agreement merely as a matter of convenience. In view of these considerations, we are of opinion that the sureties in a bond, executed under the act now in question, cannot claim exemption from liability to persons who have supplied labor or material to their principal to enable him to execute his contract with the United States, simply because the government and the contractor, without the surety's knowledge, have made some changes in the contract, subsequent to the execution of the bond given to secure its performance, which do not alter the general character of the work contemplated by the contract or the general character of the materials which are necessary for Its execution. When the government has executed the contract and taken and approved the bond, it ceases to be the agent of third parties whom the contractor employs in the execution of the work or from whom he obtains materials, and the rights of such persons under the bond are unaffected by subsequent transactions between the government and the contractor. If such were not the case, it would be possible for the contractor and some officer of the United States, by making some change In the contract or specifications, to deprive laborers and material men of all recourse against the sureties in the bond after they had supplied materials and labor of great value in reliance upon its provisions. It is not probable that such a result was contemplated by the lawmaker. On the contrary, the act bears every evidence that it was intended to provide a security for laborers and material men on which they could rely confidently for protection, unless they saw fit, by their own dealings with the contractor, to relinquish the benefit of the security. We are confirmed in these views by the following authorities: Dewev v. State, 91 Ind. 173; Conn v. State, 125 Ind. 514, 25 N. E. 443; Doll v. Crume, 41 Neb. 655, 59 N. W. 806; Kauf- mann v. Cooper, 46 Neb. 644, 65 N. W. 790; Steffes v. Lemke, 40 Minn. 27. 41 N. W. 302." It must not be inferred from anything we have said that the acts complained of by the appellant would in any manner affect the rights of the state under the bond; as before said, that question is not in this case. The decree of the circuit court is affirmed. STEVENSON et al. v. FAIN et al. (Circuit Court of Appeals, Sixth Circuit. May 6, 1902.) No. 987. 1. State Boundaries—Line Between North Carolina and Tennessee. Under the acts of 1821 of the states of North Carolina. and Tennessee confirming the boundary line between the two states "as run and marked" by the joint commission, when it is clearly shown where the line between two known points but a few miles apart was run and
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Great Smoky Mountains - A Park for America

This digital collection was created to contribute to the public's understanding of the forces and ideas that led to the establishment of the Great Smoky Mountains National Park in 1934. The most vi...

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