Title Guaranty & Surety Co. v. Harlan & Hollingsworth - 228 U.S. 567 (1913)
U.S. Supreme Court
Title Guaranty & Surety Co. v. Harlan & Hollingsworth, 228 U.S. 567 (1913)
Title Guaranty & Surety Co. v. Harlan & Hollingsworth
Submitted April 28, 1913
Decided May 12, 1913
228 U.S. 567
As the Act of August 13, 1894, relative to contractors' bonds prior to the amendment of February 24, 1905, contained no provision as to jurisdiction of courts in which suits could be brought on such bonds, the Circuit Court of the district in which the bondsman, if a surety company, has its principal office, had jurisdiction under the act
regulating surety companies of August 13, 1894, and this jurisdiction extended to suits on bonds executed prior to the amendatory act for materials furnished after the passage of that act.
The Act of February 24, 1905, amending the Act of August 13, 1894, and requiring that all suits on a contractor's bond be brought in the district in which the contract was to be performed, had merely a prospective operation, and no retroactive effect. Davidson Marble Co. v. Gibson, 213 U. S. 10.
The facts, which involve the jurisdiction of the circuit court of actions brought on contractors' bonds under the Act of August 13, 1894, and the construction of the act amendatory thereof of February 24, 1905, are stated in the opinion.