Boas v. Maloney

COOPER, C.

The defendant Maloney was the contractor in the construction of a certain building for plaintiff, and the appellants were the sureties upon a bond given by the contractor to the plaintiff. Defendant Maloney made default, and as he has not appealed, he may be considered eliminated from the case.

Judgment was entered against appellants, as sureties of Maloney, and hence this appeal from the judgment.

The question presented for determination is as to the liability of appellants upon the bond under the facts as disclosed by the record. The bond was given to secure the faithful performance…