Board of Education ex rel. Bertolino v. Vince Kelly Construction Co.

RHODES RUSSELL, Judge.

Defendant, Reliance Insurance Company (“surety”) appeals from the judgment entered upon a jury verdict entered in favor of plaintiff, John Bertolino, d/b/a Bertolino Sheet Metal Company (“materialman”). At issue in this case is whether the joint check rule applies to a public contract and, if so, whether a surety was entitled to a directed verdict on a materialman’s claim for payment on a Labor and Material Payment Bond where the materialman endorsed a joint check but did not receive all of the proceeds thereof from the co-payee. We find the joint check rule applies to a…