Seaboard Surety Co. v. United States ex rel. Marshall-Wells Co.

This appeal arises from a suit brought by the United States for the use of material and supply men against appellant bonding company on a bond given under the Heard Act, 40 U.S.C.A. § 270 (repealed August 24, 1935, 49 Stat. 794 ), to secure their payment for goods, supplies, and services. The bond was executed by” one B. D. Morley as principal, and appellant as surety, for the performance of Morley’s contract to build for the United States an infirmary building and connecting corridor at the Veterans’ Administration Hospital, Boise, Idaho. Various suppliers became parties, and this appeal is from judgments in their favor.

Various errors are assigned. One group, affecting all the suppliers, raises the question whether, under the provisions of the Heard Act, the court obtains jurisdiction of the person of the surety if the plaintiff fails to join the principal on the bond. The pertinent portions of the statute provide that upon complying with a required showing to the department of the government constructing the building, “the person or persons supplying the contractor with labor and materials *• * * shall be, and are hereby, authorized to bring suit in the name of the United…