Brooks-Wright, Inc. v. Maryland Casualty Co.

The opinion of the court was delivered by

Bodine, J.

The Court of Chancery restrained the appellants from pleading in a law action a release, which the respondent gave to the general contractor upon a school building in Paterson, in order to secure the final payment for work done and materials furnished upon the building.

The general contractor became bankrupt and the respondent was never paid for the balance of the materials furnished by it. It then sued the surety company at law and the learned judge, sitting in the Circuit Court, refused to strike the answer setting up the release but the…