Costanza v. Cannata

FOURNET, Justice.

The plaintiffs, Michael A. Costanza and Paul S. Spedale, after having recorded their written acceptance of a building constructed for them by the defendant Bernard A. Cannata, provoked this concursus proceeding under the provisions of Act No. 298 of 1926, depositing the amount retained by them under the contract in the registry of the court and impleading the contractor; the New Amsterdam Casualty Company, the surety on the contractor’s bond; and all of the materialmen who had filed liens against the building. In this same proceeding the plaintiffs sought to recover damages…