B. Nicoll & Co. v. National Surety Co.

MR. JUSTICE PLUMMER Delivered the Opinion of the Court.

The plaintiff had judgment on a surety bond executed by the appellant for and on account of materials furnished the defendant George A. Simpson Company, in the performance of certain work. From this judgment the Surety Company appeals.

The complaint alleges the furnishing of materials and the failure of the Simpson Company to pay therefor. The questions before the court are whether the action, can be maintained, and whether, under the circumstances, the Surety Company is bound by its obligation.

So far as material for our consideration, the…