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AMERICAN SURETY CO. OF NEW YORK v. OWENS

No. 5769.

66 F.2d 190 (1933)

AMERICAN SURETY CO. OF NEW YORK v. OWENS et al.

Court of Appeals of the District of Columbia.

Decided May 29, 1933.

Attorney(s) appearing for the Case

Chapman W. Maupin, of Washington, D. C., for appellant.

Frank F. Nesbit and Lucien H. Mercier, both of Washington, D. C., for appellee Owens.

William H. White, Jr., of Washington, D. C., for appellees Randall Bell et al.

L. A. Rover and W. A. Gallagher, both of Washington, D. C., for the Secretary of the Navy.

Before MARTIN, Chief Justice, and VAN ORSDEL, HITZ, and GRONER, Associate Justices.

GRONER, Associate Justice.

Melton J. Gray contracted with the United States to drill an artesian well at the Naval Air Station, Pensacola, Fla. American Surety Company executed the contractor's bond required by the United States in such cases. The work was accepted July 10, 1931, at which time there was due Gray the sum of $2,724.07, but Gray owed approximately $5,000 for labor and materials furnished in the work. On July 21, 1931, he filed a voluntary petition in...

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