Fidelity v. McClintic-marshall Corp

The bill is filed by the sureties on the bond of the late Charles T. Kavanagh, given to secure performance of a contract between Kavanagh and the state highway commission for work on one of the state highways. The defendants are subcontractors, materialmen, the administrator of Kavanagh's estate, and the National Bronx Bank of New York. By an ex parte order taken when the bill was filed, the highway commission was directed to pay and did pay into court the balance due on the Kavanagh contract. The purpose of the bill is to ascertain the liability of complainants to the several defendants, as…