Hortman-Salmen Co. v. Metropolitan Casualty Ins. Co. of N. Y.

Plaintiff, a materialman, brings this suit for $977.40 under the provisions of Act 298 of 1926 against the Metropolitan Casualty Insurance Company of New York, as surety on a building contract in notarial form, dated August 15, 1927, between August G. Ehrhardt as owner and Isidore St. Amant as contractor. Defendant filed an exception of non-joinder upon the ground that St. Am-ant was a necessary party, and, this exception being overruled, answered, admitting the building contract sued on, but denying that St. Amant was indebted to plaintiff in any sum, alleging in substance that St. Amant,…