United States Fidelity & Guaranty Co. v. Port of Seattle

Appellant, as plaintiff, brought this action against the Port of Seattle to recover the re serve fund withheld by it under a contract for the construction of certain improvements on its property, which contract had been entered into and been fully performed by one Torkelson. Other claimants to the fund were made parties defendant.

Plaintiff was the surety on the contractor’s bond, and having paid, as it alleges, all the claims for labor, material and supplies which rightfully might participate in the reserve fund, and having taken assignments to itself of all such claims so paid and of…