McCarthy, to Use v. Bridgeport Boro

Opinion by

Me. Justice Schaeeee,

C. J. McCarthy entered into a contract with the Borough of Bridgeport for the building of a sewage system. He defaulted in the work and it was taken over by the surety on his bond, the National Surety Company, in pursuance of the demand of the municipality. At the time it assumed the undertaking, there was due to McCarthy by the borough $3,084.22. This amount had been assigned by McCarthy to the surety company. It made demand upon the borough for payment of the sum named, the borough refused to respond and this action was brought to compel payment. The case was…