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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.