United States ex rel. Vaughan v. Stitzer

Citations

• 179 F. 567
• 1910 U.S. App. LEXIS 5426

Syllabus

<p>Limitation or Actions (§ 182*) — Pleading.</p> <p>Act Cong. Feb. 24,1905, c. 778, 33 Stat. 811 (U. S. Comp. St. Supp. 1909, p. 948), relating to contractors’ bonds for public improvements by _tbe United States, declares that, if no suit shall be brought by the United States on the bond within six months from the completion and final settlement of the contract, then the person or persons supplying the contractor with labor and materials shall be furnished a copy of the contract and bond, on which they shall have a right of action in the name of the United States for their use against the contractor and his sureties, provided that such suit shall not be commenced until after the complete performance of the contract and final settlement thereof, and shall be commenced within one year thereafter. Held, that the provision that a suit by the contractor’s creditor on such bond shall not be brought within six months after completion of the contract and settlement with the contractor was in the nature of a statute of limitations, which must be formally pleaded in order to be availed of.</p> <p>[Ed. Note. — For other cases, see Limitation of Actions, Cent. Dig. §§ 676-682, 695; Dec. Dig. § 182.*]</p>