State Ex Rel. Fletcher v. New Amsterdam Casualty Co.

POWELL, Special Judge.

We are confronted from the outset with the question of whether or not this appeal is premature.

Plaintiff brought this action against New Amsterdam Casualty Company, a corporation, alleging that plaintiff was a subcontractor on a job that had as the general contractor S. P. Shakofsky Construction Company, a corporation. Defendant New Amsterdam Casualty Company allegedly was the surety on a performance and payment bond on the job. The action is for an alleged balance due as a result of the general contractor’s failure to pay.

Defendant bonding company requested leave to…