Travelers Indemnity Company, and Cross-Appellant v. Evans Pipe Company and Evanite Plastic Company, and Cross-Appellees

Travelers Indemnity Company (Travelers) was surety on the performance and payment bond of a golf course builder named Mitchell on his contract to construct a golf course for Old Westbury Golf and Country Club. Mitchell purchased plastic pipe for the irrigation system of the golf course, from Evans, which pipe after its installation, proved defective and required replacement.

The Country Club sued Travelers and Mitchell in a New York Court on the contract and surety bond, to recover damages it sustained. Travelers filed a third-party complaint against Evans, a resident of Ohio, and attempted to…