Verrier ex rel. E. S. Boulos Co. v. American Fidelity Co.

GIGNOUX, District Judge.

The instant ruling arises upon two identical motions to dismiss filed by the defendant in these actions on May 7, 1958, on the ground that the complaint in each action fails to state a claim upon which relief can be granted.1

The principal actions were brought by plaintiff, for the use and benefit of the use-plaintiffs,2 to recover of defendant the sums of $9,281 and $9,943.46 respectively due the use-plaintiffs for labor and materials furnished to Frederick Raff Company, which is not a party to either action. The actions are based upon a surety bond, upon which…