Martin v. National Surety Corp.

Opinion by

Mr. Justice Cohen,

Appellant is the trustee in bankruptcy for James J. O’Brien and Daniel L. Redmond, Jr., trading as O’Brien and Redmond, who, prior to their financial embarrassment, were primarily engaged in the construction of highways for the Commonwealth of Pennsylvania. During the period that bankrupts’ financial difficulties were developing they had nine active contracts with the Commonwealth, the total value of which was $114,-616.65. National Surety Corporation, one of the appellees here, was surety on six of the contracts. When bankrupts became unable to fulfill their…