People Ex Rel. Chasteen v. Michigan Surety Co.

Suit is in behalf of Chasteen, a subcontractor, and Royalite Company, his supplierassignee, against defendant, a paid surety on a public works bond furnished, under CL 1948, § 570.101 (Stat Ann 1953 Rev § 26.321), by a principal contractor which had contracted to do construction work for the State of Michigan. Plaintiffs have not been paid by the principal contractor the amount due Chasteen as subcontractor, for which this suit is brought.

The question presented, as raised in defendant’s answer and its statement of question involved contained in its brief on appeal here, is whether plaintiffs’…