Fiumara v. American Surety Co. of New York

Opinion by

Mr. Chief Justice Maxby,

This is an appeal from the judgment entered by the court below after a trial without a jury. Appellant alleges that a contractor paid for materials furnished a sub-contractor after the materialman had lost his right of action on the contractor’s bond by failing to institute suit thereon within the statutory year for such suit and that therefore such payment by the contractor was made too late to permit the contractor to recover the amount so paid from the surety or the sub-contractor’s bond of indemnity. The limitation here invoked arises by reason of the…