Martin v. Sharp & Fellows Contracting Co.

Action to recover a balance of $1,487.09 for work and labor done by plaintiff as a subcontractor of defendant.

Judgment went for plaintiff, from which, and an order denying its motion for a new trial, defendant appeals.

It appears that defendant, exacting a bond conditioned to protect it from loss in so doing, paid the sum in question, concededly earned by plaintiff in the performance of the work under the terms of a contract made by him with defendant, to one John Mulligan. The defense interposed by answer to plaintiff’s recovery thereof was, first, that the payment so made to Mulligan was…