Continental Casualty Co. v. Marman Development Corp.

Plaintiff moves for summary judgment against the defendants Frank D. Mandell and John *619P. Marsi. They were the indemnitors upon the performance bond furnished by the plaintiff on behalf of the corporate defendant in connection with a public improvement. Defendants endeavor to establish that plaintiff’s payment of the alleged completion cost was made in bad faith and without investigation and that the bills which plaintiff did pay involved for the most part work not required to be done by the contractor, whose performance bond plaintiff supplied. The indemnity agreement provided that plaintiff…