Day & Night Manufacturing Co. v. Fidelity & Casualty Co.

I dissent. The appellant’s assignor sold and delivered certain materials to Reliable Air Conditioning, Inc., between July 18, 1967 and September 27, 1967, for a total price of $6,102.78. The appellant’s first cause of action related solely to Reliable Air Conditioning, Inc., which is not involved in this appeal. In the second cause of action it is alleged that Reliable Air Conditioning, Inc., was indebted to the appellant and that respondent, Fidelity and Casualty Company of New York, furnished a bond pursuant to NRS Chapter 624 in the amount of $3,000; that Reliable Air Conditioning, Inc.,…