Metropolitan Casualty Ins. v. Smith & Smith, Inc.

WILBUR., Circuit Judge.

This action was brought to recover upon a bond given by the appellant Metropolitan Casualty Insurance Company in connection with the performance of certain road work for the Department of Agriculture. Plaintiff having recovered the full penalty of the bond, the surety company appeals from the decision.

It seems that Albert L. Smith had entered into a contract with the Bureau, of Public Roads, Department of Agriculture of the United States, for the construction of a road. A portion of this work Smith sub*700let to Logan Bros., and another portion he sublet to Poe Bros. Smith…