B. F. Sturtevant Co. v. Fidelity & Deposit Co. of Maryland

(after stating the facts as above). It is conceded that the decision below was in accord with the decisions of the New York courts. A case precisely in point is Eastern Steel Co. v. Globe Indemnity Co., decided by the New York Supreme Court per Mr. Justice Greenbaum, and unanimously affirmed in 186 App. Div. 892, 172 N. Y. Supp. 888, and then in 227 N. Y. 586, 125 N. E. 917.

It is urged, however, that a bond such as this contains a dual contract — i. e., (1) an agreement to pay the city; and (2) an agreement to pay all those who supplied labor and material — and to support this contention…