MARYLAND CASUALTY COMPANY v. MUNNELLY

No. 35019.

111 N.W.2d 772 (1961)

172 Neb. 827

MARYLAND CASUALTY COMPANY, a Corporation, Appellee, v. John P. MUNNELLY, d/b/a Munnelly Construction Company, Appellant.

Supreme Court of Nebraska.

December 1, 1961.


Attorney(s) appearing for the Case

Shrout & Foley, Omaha, for appellant.

Story, Pilcher & Howard, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.


CARTER, Justice.

This is an action to recover the balance of the premiums due on 23 contractor's performance and maintenance bonds. The trial court found for the plaintiff and entered judgment for $1,974.14. The defendant has appealed.

The evidence shows that the defendant was engaged in the contracting business in the city of Omaha. He entered into 23 separate grading-and-paving contracts for fixed amounts with the city of Omaha. He was required to give performance...

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