John P. Callaghan, Inc. v. Continental Casualty Co.

The opinion of the court was delivered by

Paekee, J.

This is a suit against the surety on a bond given to the hoard of education of Irvington for the faithful performance by one Tyler M. Gibbs of a contract to build a public school. The bond- is in the form prescribed by chapter 75 of the laws of 1918, with some additional matter, and contains the statutory clause “agreeing and assenting that this undertaking shall he for the benefit of any materialman or laborer having a just claim as well as for the obligee.” The plaintiff sued as one of those for whose benefit the bond was made, and demanded…