Standard Accident Insurance v. Duval Lumber Co.

Defendants in error were plaintiffs in the court below and sued the plaintiffs in error upon a builders bond wherein A. G-. Bryan was principal and Standard Accident Insurance Company, a corporation, was surety, for building materials and supplies furnished to Bryan upon the construction contract between Bryan and one Sullivan.

Default was had against Bryan. The surety company filed pleas. The pleas involved are numbered 5, 6 and 7, to which pleas demurrers were interposed and sustained. Plea No. 5 was as follows:

“For plea pro tanto, that defendant A. G. Bryan, with moneys paid him by said D.…