Standard Accident Ins. v. United States

HUTCHESON, Circuit Judge.

Appellant is surety on a post office construction bond given pursuant to section 270, title 40 U.S.C.A.1 Appellee is a carrier, which, having transported materials used in the work, sued upon the bond for its unpaid freight bills. Appellant’s demurrer, that a railroad company as to freight charges, is not, within the meaning of the bond, “a corporation who has furnished labor or materials used in the construction or repair of any public building or public work” was overruled, and the facts being admitted, judgment went for plaintiff.

Appellant insists that except for…