Forburger Stone Co. v. Lion Bonding & Surety Co.

The basis of the conclusion reached by the majority of the court in this case is, that the bond in question contains a dual obligation, and that the obligee named in the bond is, as to laborers and materialmen, a mere trustee. Under the settled law of this state, it is immaterial whether such a bond is executed in pursuance of a statute, or whether it is a mere common-law bond. *207Sample & Son v. Hale, 34 Neb. 220; Lyman v. City of Lincoln, 38 Neb. 794; Doll v. Crume, 41 Neb. 655; Korsmeyer Plumbing & Heating Co. v. McClay, 43 Neb. 649; Kaufmann v. Cooper, 46 Neb. 644; Fitzgerald v. McClay, 47…