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JOHN N. PRICE & SONS v. MARYLAND CASUALTY CO.

No. 8546.

146 F.2d 807 (1945)

JOHN N. PRICE & SONS v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Third Circuit.

Decided January 12, 1945.

Attorney(s) appearing for the Case

Joseph Coult, of Newark, N. J. (Coult, Satz, Morse & Coult, of Newark, N. J., on the brief), for appellant.

Aaron Heller, of Passaic, N. J., for appellee.

Before GOODRICH and McLAUGHLIN, Circuit Judges and KIRKPATRICK, District Judge.

PER CURIAM.

In this case the defendant was surety on a statutory general contractor's performance bond for the construction of a public school in Paterson, New Jersey. The plaintiff was a painting subcontractor on the work. The contract, made part of the bond, contained the usual withholding provisions and subrogated the surety to the rights of the owner, the Board of Education, as to any payment so withheld. When the school was completed and accepted, the Board retained...

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