MARTIN v. NATIONAL SURETY CO.,

No. 500.

300 U.S. 588 (1937)

MARTIN v. NATIONAL SURETY CO. ET AL.

Supreme Court of United States.

Decided March 29, 1937.


Attorney(s) appearing for the Case

Mr. Richard S. Bull, with whom Mr. Harold R. Small was on the brief, for petitioner.

Mr. J.H. Cunningham, Jr., with whom Mr. William L. Igoe was on the brief, for respondents.


MR. JUSTICE CARDOZO delivered the opinion of the Court.

A controversy is here as to the interests of rival claimants in moneys paid by the Government pursuant to a building contract, the one claim being founded on an assignment to a surety, which is held for the benefit of materialmen and laborers, the other on a power of attorney, later than the assignment, which was given to a creditor as security for a loan.

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