Morgen & Oswood Construction Co. v. United States Fidelity & Guaranty Co.

This is an appeal from an order of the district court, Cascade County, changing venue from that county to Gallatin County. Plaintiff Morgen & Oswood Construction Co., Inc. is a general contractor with its principal place of business in Great Falls, Montana. Plaintiff brought this action in Cascade County against defendant United States Fidelity and Guaranty Company, a Maryland corporation (hereinafter referred to as USF&G), as surety of one Patrick A. Herring, to recover loss and damages incurred as a consequence of Herring’s failure to perform a subcontract for plaintiff. Plaintiff’s…