Central Asphalt, Inc. v. Industrial Bank

This is a motion to dismiss the plaintiff’s complaint on the ground that it does not state facts sufficient to constitute a cause of action, which was made at the opening of the trial of this case.

The action is brought by Central Asphalt, Inc., a materialman, for materials furnished to Eagle Contractors of Utica, Inc., subcontractors to Peerless Construction Co., prime contractor, under a construction contract with the United States Government for an unpaid balance due it from the subcontractor Eagle Contractors on such materials. The action is directed against funds held for the Industrial…