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CARPENTER v. SUSI

121 A.2d 336 (1956)

Frank S. CARPENTER, In his capacity as Treasurer of the State of Maine, v. Paul E. SUSI, Frank T. Susi, Guy Susi, d/b/a P. E. Susi & Co. and Hartford Accident & Indemnity Co.

Supreme Judicial Court of Maine.

March 5, 1956.

Attorney(s) appearing for the Case

John G. Marshall, Auburn, for plaintiff.

Dubord & Dubord, Waterville, for defendant Susi.

Locke, Campbell, Reid & Hebert, Augusta, for Hartford Accident & Indemnity Co.

Before FELLOWS, C. J., and WILLIAMSON, WEBBER, BELIVEAU, TAPLEY, and CLARKE, JJ.

WILLIAMSON, Justice.

This action of debt against the surety on a highway construction bond is before us on general motion of the defendant for a new trial. The Treasurer of State brought the action on behalf of Snow's Inc., the supplier, to recover a balance claimed upon an account for tires, tubes, and vulcanizing and retreading services against the P. E. Susi & Co. firm, the contractor, in connection with a highway project in Troy. The plaintiff dismissed the...

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