Cunningham v. Commonwealth

This bill in equity, filed December 3, 1930, was brought under G. L. c. 30, § 39, in the amended form appearing in St. 1929, c. Ill, against the Commonwealth of Massachusetts, the American Indemnity Company and Joseph McCormick by three creditors to recover the amount of their claims for labor from funds held by the Commonwealth, and in the event of a deficiency in such funds then the balance from the indemnity company. The labor was performed for subcontractors under the defendant McCormick, who in 1923 entered into a contract with the Commonwealth through its department of public works for…