Baldwin-Lima-Hamilton Corporation v. Aetna Casualty & Surety Co.

TMs is an action brought by the plaintiff, the Baldwin-Lima-Hamilton Corporation, hereinafter referred to as Baldwin, on a payment bond issued by the defendants The Aetna Casualty and Surety Company, a Connecticut corporation, and the American Employers’ Insurance Company and The Employers’ Fire Insurance Company, both Massachusetts corporations, seeking payment of the balance due for materials furnished on a construction contract. The referee, acting as the court, rendered judgment for the defendants and the plaintiff has appealed to this court.

This action arose out of the construction of a…