United States Ex Rel. Baltimore Cooperage Co. v. McCay

WILLIAM C. COLEMAN, District Judge.

This is an action at law, brought by the United States on behalf of a subcontractor under the Materialmen’s Act of August 13, 1894, 28 Stat. 278, as amended by the Act of February 24, 1905, 33 Stat. 811 (40 USCA p. 92, § 270), to recover for labor and materials furnished in connection with work prosecuted for the Ordnance Department, United States Army, at Aberdeen, Md. The question to be determined is the extent of the liability of the contractor and also of the surety on the contractor’s bond given pursuant to this statute. The material facts are as…