Equitable Casualty & Surety Co. v. Jackson

The stipulated facts show that Jackson was a laborer in the employ of a contractor building a State highway. The work was completed March 24, 1930’. The Highway Commission advertised for claims April 9th, 16th, 23rd and 30th, notifying all claimants to file their claims with the Department on or before May 13th. Settlement with the bondsman of the contractors was made June 3rd. Jackson filed his claim June 9th. The Surety Company is liable on its bond given for claims, if duly filed.

The trial Court held the Surety Company and R. H. Baker ('Commissioner in charge of Highways) liable to Jackson…