Fidelity & Casualty Co. of New York v. United States

HICKS, Circuit Judge.

The Daugherty Lumber Company, herein called Lumber Company, contracted in writing with the United States to erect a comfort station and lay a limestone wait at the Lincoln Birthplace Memorial in La Rue county, Ky. Appellant, the Fidelity & Casualty Company of New York, executed the surety bond required by title 40, § 270, U. S. C. (40 USCA § 270). Appellee O. T. Daugherty, subcontractor, furnished labor and material for the work, which was completed on January 3>, 1931. On June 3, 1932, Daugherty brought this action upon the bond against J. R. Wilson, assignee of the…