Aetna Casualty & Surety Co. v. American Surety Co.

SOPER, Circuit Judge.

This suit in equity was instituted by ¿Etna Casualty & Surety Company, a corporation, against Coss & Otto, copartners engaged in the business of road construction, the state road commission of West Virginia, a corporation, and divers other parties to whom Coss & Otto had assigned certain sums of money to be paid out of any funds that might become due them by the state road commission under a contract for the construction of a highway, known as the river road, in Marshall county in West Virginia. The firm had entered into a contract with the commission under date of June…