Bankers National Bank v. Royal Indemnity Co.

Plaintiff sued for money had and received. When plaintiff rested the cause was dismissed on defendant’s motion. Plaintiff appeals from the order denying a new trial.

John F. Cramer, doing business under the name of the Cramer Construction Company, in September, 1922, entered into two contracts with the state highway department for the construction of separate portions of highway No. 8 near Crookston. Defendant became surety on his bond. At about the same time Cramer sublet the graveling on each contract to O’Connor and Hunt, who were young men with no means to proceed with the work. One Edward…