United States ex rel. Pacific Coast Engineering Co. v. Maryland Casualty Co.

This suit was instituted in the name of the United States of America, for the use and benefit of the Pacific Coast Engineering Company, Inc., a California corporation, against the Wallace Bridge & Structural Steel Company, a Washington corporation, and the Maryland Casualty Company, a Maryland corporation, upon a bond executed by the latter two companies, as principal and surety, to secure the performance of a contract of the principal to construct a certain government structure and to pay promptly all persons supplying labor and materials in the prosecution of the work. The suit is based upon the Act of Congress authorizing such actions at law (title 40, § 270, USCA).

On February 19, 1935, defendant Maryland Casualty Company filed in this court its cross-complaint, making parties defendant thereto the Pacific Coast Engineering Company, Inci, a California corporation, and the American Bonding Company of Baltimore, a Maryland corporation. The cross-complainant alleged that subsequent to the making of the contract with the government, it had subcontracted in writing with the Pacific Coast Company to fabricate and deliver to the structure certain' steel work; that cross-defendant,…