Illinois Surety Company v. United States J a Peeler’s Empirical Analysis

Citation profile

140 federal appellate · 31 district · 70 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 329 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On August 21, 1912, the supervising architect having received the certificate of the chief of the technical division of the office that all work embraced in the contract had been satisfactorily completed, made his statement of the amount finally due, recommending that only the actual damage (as stated) be charged against the contractor, and that the proper voucher should be issued in favor of the contractor for the balance, to wit, $3,-999.01. And, on the same date, this recommendation was approved and actual damages charged accordingly by direction of the Secretary of the Treasury. This, in our judgment, was the ‘final settlement’ of the contract within the meaning of the act. We understand that the administrative construction of the act has been to the same effect. The regulation of the Treasury Department, as it appears from its circular issued for the information of persons interested in claims for material and labor supplied in the proseen tion of work on buildings under the control of that Department (Dept. Circ. No. 45, Sept. 12, 1912), is as follows: 'The Department treats as the date of final settlement mentioned in said acts’ (referring to the Acts of 1894 and 1905, supra), 'the date on which the Department approves the basis of settlement under such contract recommended by the supervising architect, and orders payment accordingly.’ ””

   12 later decisions quote this exact passage · from the majority
   e.g. Redevelopment Authority of Philadelphia ex rel. Grinnell Fire Protection Systems Co. v. Fidelity & Deposit Co. of Maryland · American Bonding Co. v. United States

2. ““That hereafter any person or persons entering into a formal contract with the United States for the construction of any- public building, or the prosecution and. completion of any public work or for repairs upon any public building or public work, shall he required before commencing such work to execute the usual penal bond, with good and sufficient sureties, with the additional obligations that such contractor or contractors shall promptly make payments to all persons supplying him or them labor and materials in the prosecution of the work provided for in such contract; and any person or persons making application therefor,1 and furnishing affidavit to the department under the direction of which said work is being, or has been, prosecuted, that labor or materials for the'prosecution of such work has been supplied by him or them, and payment for which has not been made, shall be furnished with a certified copy of said contract and bond, upon which said person or persons supplying such labor and materials shall have a right of action, and shall be authorized to bring suit in the name of the United States for his or their use and benefit against said contractor and sureties and to prosecute the same to final judgment and execution: Provided, that such action and its prosecutions shall involve the United States in no expense. “See. 2. Provided that in such case the court in which such action is brought is authorized to require proper security for costs in case judgment is for t”

   1 later decision quote this exact passage · from the majority
   e.g. Belknap Hardware &. Mfg. Co. v. Ohio River Contract Co.

3. ““That hereafter any person or persons entering into a formal contract with the United States for the construction of any * * * public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract; and any person, company, or corporation who has furnished labor or materials used in the construction * * * of any * * * public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim and judgment of the United States. If the full amount of the liability of the surety on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. If no suit should be brought by the United States within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the department under”

   1 later decision quote this exact passage · from the majority
   e.g. Belknap Hardware &. Mfg. Co. v. Ohio River Contract Co.