Town Board of Greece v. Murray

This action is in the form of a declaratory action in which the plaintiffs seek not only to have their respective liabilities determined, but the liability of the defendants to the plaintiffs and to one another. It is contended that the provisions of the practice relating to declaratory judgments do not apply. The plaintiff, The Town Board of the Town of Greece, made a contract with the defendant Joseph M. Murray for the improvement of certain highways in the town of Greece. The defendant Continental Casualty Company is a surety on his bond for the faithful performance of the contract. The…