National City Bank of Evansville v. United States

LARAMORE, Judge.

This case comes before the court on cross-motions for summary judgment.

Plaintiff, as assignee on three defaulted contracts, sues for the alleged unpaid balance due at the time of termination for default, plaintiff’s claim being that the defendant could not use any of such balances for completion of the work, since it would in effect be a benefit to the sureties, who had given plaintiff a subrogation agreement.

The facts are summarized as follows: ■On November 26, 1952, Regent Contracting Company, a co-partnership consisting of Raymond W. Ewell, Henry 'Tuller, Julie Tuller and…