Twp. of Mt. Lebanon v. Metropolitan Casualty Ins. Co. of New York.

Opinion by

Cunningham, J.,

In this> action on an additional bond, given by a contractor, as principal, and the defendant, as surety, to protect laborers and materialmen, the main question is whether the bond was intended to cover materials furnished by the use-plaintiff prior to the date on which it was executed. The court below decided the questions of law raised by the defendant’s statutory demurrer in its favor on the ground that the bond was intended to operate prospectively only; from the judgment thus entered for defendant the use-plaintiff has appealed.

The facts as set forth in the…