George W. Maltby & Sons Co. v. Wade

This action requires the determination of but two questions of law, the facts being without dispute.

*144The defendant United States Fidelity and Guaranty Company (hereinafter called the Surety Company) gave its bond to the board of education of the city of Buffalo to protect the city from any default upon the part of a general contractor, the defendant Wade. The bond contained the familiar clause that any materialman or laborer could recover upon the bond as though named therein.

The questions here for determination are:

First. Whether or not a materialman can recover against the Surety Company, by…