Marsiglia v. McKee

This is a suit of materialmen against the contractor, McKee, and his surety, the American Surety Company.

There was judgment in favor of the materialmen against tbe contractor and bis surety.

Tbe surety has appealed.

Its defense is that there is no showing that the materials were delivered at tbe site of tbe buildings, nor that they went into the building.

In the case of Graphic Arts Building Co. vs. Union Indemnity Co., 163 La. 1, 111 South. 470, the Court decided that a surety on a contractor’s bond is limited tq defenses that can be made by the contractor in suits for materials furnished him.…