Acoustics, Inc. v. American Surety Co. of New York

OPINION

By the Court,

Merrill, J.:

This action arises out of a construction contract and the surety bond issued to the owner in connection therewith. The action is brought upon the bond against the surety by an unpaid subcontractor. Plaintiff’s complaint was ordered dismissed by the trial court upon the ground that the bond by its terms conferred no rights upon job creditors and was limited to indemnification of the owner. Upon this appeal by the plaintiff creditor the sole question is whether the trial court erred in so construing the bond.

The bond is entitled “Contract Bond.” It recites that…