First National Bank in Yonkers v. Maryland Casualty Co.

LUMBARD, Chief Judge.

This case arises out of the breach by William Casey and Sons, Inc., of its contract to construct sewers in Bowery Bay for the City of New York. The City has been satisfied since The Maryland Casualty Company, appellee herein, completed the sewers pursuant to its bond guaranteeing Casey’s performance. Involved in this appeal are the competing claims of the First National Bank in Yonkers, the Maryland Casualty Com*248pany and the Liberty Mutual Insurance Company to $47,133.90, held by the City, and attributable to work done by Casey and approved for payment by the City Engineer…