United States ex rel. General Electric Supply Corp. v. Harry Hershson Co.

GODDARD, District Judge.

Motion by plaintiff, General Electric Supply Corporation, for summary judgment.

The action is based on the Miller Act, 40 U.S.C.A. § 270a et seq., to recover $736 on a payment bond executed by defendant Harry Hershson Co. Inc. (hereinafter referred to as Hershson), as principal, and the defendant Standard Accident Insurance Company as surety.

Hershson was the general contractor for the construction of an addition to the Cadet Hospital and Annex at West Point, New York. Material was furnished by General Electric Supply Corporation under a contract with Nathan Schwartz, a…