Murphy v. National Paving Co.

From the preceding statement of facts it appears that the defendant surety company is attempting to recover from the impleaded defendant the Badger State Bank the amount it paid the plaintiff Murphy, a subcontractor on public work to whom it was liable on the contractor’s bond given to secure performance of the contract, in satisfaction of his claim against the contractor, on the ground that the bank took payment of a debt owed by the contractor to the bank from a deposit by the contractor of a fund known by the bank to be impressed with a trust for the benefit of laborers and materialmen.…