Massachusetts Bonding & Insurance v. Smyser-Royer Co.

Anderson, J.,

Plaintiff bonding company in this proceeding executed a bond as surety for defendant guaranteeing performance by defendant of a certain contract entered into by defendant with the Bureau of Supplies and Accounts of the Navy Department. Because of its failure to comply with the terms of the contract defendant became indebted to the Navy Department in the sum of $4,513.75, payment of which was requested from defendant. Since this amount, or any part thereof, has not been paid to the Navy Department, plaintiff filed a bill in equity asking the court to order and decree the payment…