[Download] "Continental Casualty Co. v. Rio Grande Fuel Company" by Colorado Supreme Court * eBook PDF Kindle ePub Free

August 27, 2021

eBook details

Title: Continental Casualty Co. v. Rio Grande Fuel Company
Author : Colorado Supreme Court
Release Date : January 27, 1941
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Counsel for the surety company contend that plaintiff should not recover for the two reasons alleged as affirmative defenses, that is to say: (1) That plaintiffs failure to file its claim with the highway department within the time prescribed by section 7, supra, to preserve its liens against the retained percentages in the hands of the highway department, released the surety from any liability under the bond; (2) that the failure to file suit against the surety under the bond, within ninety days from October 15, 1937, the date fixed for final settlement, barred plaintiff from maintaining this action by virtue of the provisions of said section 7.