· 4/26/1957
United States v. Alberico
Citations
- 7 C.M.A. 757
- 7 USCMA 757
- 23 C.M.R. 221
- 1957 CMA LEXIS 497
- 1957 WL 4465
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a letter stating, “please consider this letter formal demand that any monies due under the above contract be forthwith distributed to and placed with [the surety]” as sufficient notice of default
- finding a letter stating “please consider this letter formal demand that any monies due under the above contract 16 be forthwith distributed to and placed with [the surety]” as sufficient notice of default
- surety’s letter implying imminent default of contractor and asserting the surety’s rights to remaining contract funds triggered the Government’s stakeholder duty upon receipt before disbursement of final contract funds
- receipt of demand from plaintiff surety for unpaid contract funds triggered Government’s stakeholder duty
- “The question of standing to sue is raised by the Government because of the rule that in order for a surety to share in the fund unexpended under the contract, it must first pay all of the claims of the laborers and materialmen.”
- government as stakeholder owes duty to surety
Source: CourtListener parenthetical corpus (CC0).
Judges: Ferguson, Latimer, Quinn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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