United States Fidelity & Guaranty Co. v. Blue Diamond Coal Co.

This is an action instituted on April 11,1932, by a notice pf motion for judgment by United States Fidelity and Guaranty Company, Incorporated, hereinafter called the plaintiff, against Blue Diamond Coal Company, Incorpo*375rated, hereinafter called the defendant. The notice of motion for judgment, together with the exhibits filed therewith as parts thereof, states the following case:

The St. Louis Structural Steel Company was engaged in the construction of a coal tipple for the defendant at the v latter’s plant in Lee county, Virginia. The plaintiff was the insurer of this contractor’s…