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WESTERN CAS. & SURETY CO. v. BROOKS

No. 10236.

9 Ohio Misc. 61 (1966)

WESTERN CASUALTY & SURETY COMPANY, APPELLANT, v. BROOKS, TRUSTEE, APPELLEE.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1966.

Attorney(s) appearing for the Case

Mr. Charles W. Yeager and Mr. Joseph F. Hogan, for appellant.

Mr. Robert J. Ashworth, for appellee.

Before SOBELOFF, Circuit Judge, MARVIN JONES, Senior Judge, United States Court of Claims, and J. SPENCER BELL, Circuit Judge.

JONES, S. J.

The question presented on this appeal is the right of a surety on two public construction contracts, both performed by the same contractor, to set off losses incurred on one bond with the excess realized on the other. In the bankruptcy proceedings against the contractor, the referee held that the surety had no right of setoff, and therefore should surrender to the trustee the $23,882.26 excess realized on one contract.

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