STATE v. AETNA CASUALTY & SURETY COMPANY

Nos. 23299, 23300.

350 S.W.2d 418 (1961)

STATE of Missouri ex rel. Robert FRANCE-SCONI and Angelina Francesconi, D/B/A International Terrazzo & Mosaic Flooring Company, Plaintiffs-Respondents, v. AETNA CASUALTY & SURETY COMPANY and Sharp Brothers Contracting Company, Defendants-Appellants.

Kansas City Court of Appeals, Missouri.

October 2, 1961.


Attorney(s) appearing for the Case

Harry P. Thomson, Jr., Thomas J. Leittem, Kansas City, Shughart, Thomson, Stark & Kilroy, Kansas City, of counsel, for appellants.

Herbert M. Rope, Arnold N. Shanberg, Rope, Shanberg & Rope, Kansas City, for respondents.


MAUGHMER, Commissioner.

This appeal reached the writer by way of reassignment.

Section 107.170 of the statutes requires the contractor for state public works to furnish a bond conditioned upon payment for all materials and labor used thereon. Section 522.300 authorizes a person furnishing such labor or materials to sue on that bond in the name of the state. It was under these provisions that the State of Missouri became a nominal party participant in this...

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