Aetna Casualty & Surety Co. v. Harvard Trust Co.

This is a bill in equity brought by the surety company (Aetna) against the trust company (Harvard) and D. G. Loveys Company (Loveys) to determine the priorities of Aetna and Harvard with respect to funds earned under six construction • contracts. A master’s report was confirmed. A Superior Court judge has reported the case without decision upon the amended pleadings, the master’s report, and a'short supplemental stipulation.

Loveys conducted a contracting business, largely with the United States and with municipalities. It required financing. In 1954, Loveys made “an oral agreement with…