Village of Winfield Ex Rel. Kuhn v. Reliance Insurance

The issue before this Court is whether, under the circumstances of this case, the plaintiff, Harry W. Kuhn, Inc. (herein called Kuhn), as a creditor of the defendant, Vincent Di Vito (herein called Di Vito), made an improper application of funds which Di Vito had received from the Village of Winfield (herein called Winfield) and had paid to Kuhn.

On or about October 19,1960, Di Vito was awarded the contract for the construction of a sanitary sewer system in the Village of Winfield. De Vito procured a bond for the payment of all labor and materials furnished by subcontractors, as required by…