McCloud v. Illinois Surety Co.

The opinion of the court was delivered by

Minturn, J.

Having secured a contract from the city of Newark* for the construction of a municipal sewer in the city, the plaintiffs subcontracted with Ellis & Co. for the furnishing and installation of a pumping apparatus required under the specifications accompanying the original contract. As security for the fulfillment of the subcontract, Ellis & Co. furnished a bond to the plaintiffs with the defendant as surety. The bond contained this provision:

“First. That the said surety shall be notified in writing of any act, omission or default on the part…