First Nat. Bank of Hot Springs, N. M. v. Caples

WALKER, Circuit Judge.

This was an action by the plaintiff in error .against the defendant in error on a bond made by the latter and a surety to the state of New Mexico, with condition for the faithful performance by the defendant in error of a contract for the doing of certain public road work in New. Mexico; the claims asserted by the suit being based on assignments to plaintiff in error of described claims for labor, material, and supplies furnished more than two years before the suit was brought, for the doing and completion of the work called for by that contract. That contract contained…