Anthony P. Miller, Inc. v. Needham

GOODRICH, Circuit Judge.

This is an action by a general contractor against the surety company which furnished the bonds for a subcontractor’s performance, to recover damages sustained by the plaintiff by reason of the subcontractor’s inefficiency and his failure to complete the work and pay materialmen. The defences raised by the surety in the court below were: (1) Fraud on the part .of the subcontractor which was participated in by the plaintiff 1 in procuring the bonds and (2) over-payments by the contractor to the subcontractor. The learned trial judge dismissed the complaint. He refused to…