City of Alpena ex rel. O'Brien v. Title Guaranty & Surety Co.
Cases that cite this one
7 later published cases cite this decision.
- United States Fidelity & Guaranty Co. v. Henderson County (Tex. App. 1923)
- Clifton v. Norden (Minn. 1929)
- State Ex Rel. Hernleben v. Detroit Fidelity & Surety Co. (Mo. Ct. App. 1929)
- Union Indemnity Co. v. State Ex Rel. R. S. Armstrong & Bro. (Ala. 1928)
- United States ex rel. Samuel Hastings Co. v. Lowrance (United States District Court for the Eastern District of Arkansas 1916)
- Standard Boiler Works v. National Surety Co. (Wash. 1912)
- City of Alpena ex rel. Gilchrist v. Title Guaranty & Surety Co. (Mich. 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This case grows out of the controversy discussed in the case of the City of Alpena, for use of Besser, v. Surety Co., ante, 329 (123 N. W. 1126). The determination in that case is controlling of the case at bar, so far as it is applicable to the facts now before us.
The use plaintiff herein is assignee of nine different claims against the Murray Company for labor performed upon the dredge used by that company in the prosecution of the work under its contract with the city of Alpena. A portion of the time of each of the assignors for which pay is claimed was spent in raising the dredge, so that the work uppn the contract could be continued. We are of opinion that to the extent this claim is based upon labor furnished in raising the dredge recovery must be denied. That labor must be considered in the nature of a repair. For the labor performed in operating the dredge while it was employed upon the contract the use plaintiff is entitled to a judgment.
Judgment reversed, and a new trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.