Fox-Woodsum Lumber Co. v. Fidelity & Deposit Co.

Robert P. McMullen was the contractor for the construction of certain schoolhouses for the Tropico School District and, pursuant to the provisions of Act No. 2895, entitled, “An act to secure the payment of the claims of materialmen, mechanics, . . . employed . . . upon . . . municipal, or other public work” (Deering’s Gen. Laws, 1915, p. 1467), caused defendant, as surety, to execute the bond specified therein. Plaintiff and its assignor furnished materials used in the doing of the work by the contractor, for the payment of which this action was brought on the bond. Judgment went for plaintiff, from which defendant has appealed.

The act, as it then read, provided that “any material-man . . . whose claim has not been paid by the contractor . . . shall, within ninety days from the time such contract is completéd, file with the . . . body by whom such contract was awarded, a verified statement of such claims, together with a statement that the same had not been paid,” and that upon so doing such claimant may at any time within six months sue to recover upon the bond.

[1] The sole contention of appellant is that the claims constituting the subject of the action were not filed…