HAYES PUMP & MACHINERY CO. v. PITMAN & BROWN CO.


331 Mass. 240 (1954)

118 N.E.2d 354

HAYES PUMP & MACHINERY CO. vs. PITMAN & BROWN COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

March 19, 1954.


Attorney(s) appearing for the Case

Harry B. Zonis, for the defendants Pitman & Brown Company and another.

Irvin M. Davis, for the plaintiff.

Present: QUA, C.J., LUMMUS, RONAN, WILLIAMS, & COUNIHAN, JJ.


LUMMUS, J.

This is a bill in equity, filed April 6, 1950, by a creditor of the defendant Pitman & Brown Company, hereinafter called Pitman, to obtain the benefit of security under G.L. (Ter. Ed.) c. 149, § 29, as it appears in St. 1938, c. 361, consisting of a bond given by Pitman, as principal, and the defendant Peerless Casualty Company, hereinafter called Peerless, as surety, to the city of Beverly, conditioned upon the performance of a written contract...

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