Bethlehem Fabricators, Inc. v. John Bowen Co.

SWEENEY, District Judge.

The plaintiff who is a subcontractor sued on his contract with the defendant, the John Bowen Co.

In addition to this right of action, the plaintiff could have had recourse to the performance bond furnished by the defendant and four sureties. No action was brought on this bond.

The defendant filed an answer and a counterclaim growing out of the contract on which the plaintiff sued. The plaintiff then filed a reply to the defendant’s counterclaim, and in it included a counterclaim of its own. This claimed relief under the performance bond and against the various sureties…