International Time Recording Co. v. Southern Surety Co.

The bond set forth in the complaint provides that any one furnishing materials or rendering services to the principal may maintain an action on the bond as though named therein. Under such circumstances the plaintiff, which, it is alleged, furnished labor and materials for which it has not been paid, can maintain this action against the defendant surety company as one of the beneficiaries for whose protection the bond was required to be given. (Strong v. American Fence Construction Co., 245 N. Y. 48; Maltby & Sons v. Wade, 131 Misc. 143; affd., 224 App. Div. 779.) The complaint is…