Shutt Improvement Co. v. Erwin & Francis

*262The opinion of the court was delivered by

Greene, J. :

The plaintiff in error had a contract for grading a portion of the road-bed of the K. O. C. & S. R. R. in the Indian Territory. It sublet a portion thereof to J. A. Scott & Son, who became indebted to Erwin & Francis for provisions and supplies furnished them in performing their contract. For this indebtedness J. A. Scott & Son issued to Erwin & Francis certain time certificates drawn on the Shutt Improvement Company. Payment was refused. Erwin & Francis sued J. A. Scott & Son and the Shutt Improvement Company on these certificates and…