National Surety Corp. v. Highland Park Country Club, Inc.

HARDY, Judge.

This is a concursus proceeding provoked by plaintiff as surety on a contractor’s performance bond following default of the contractor in the completion of the project contemplated by the contract. Plaintiff deposited the amount of its bond in the registry of the court, impleaded the owner, the ■contractor and all known creditors having claims arising in connection with the contract, including the respondent-appellant who had rented certain machinery and equipment to the contractor for use in the work undertaken and who claimed in this proceeding recognition of its recorded lien…