Page:United States Reports, Volume 209.djvu/334

 308 OCTOBER TERM 1907. 8tatemant of the Ce. 09-U. 8. The Struthers Wells Company, under an ngreement with the deiendants Flaherty and Lande, and in ov about the month of March, 1904, supplied to them certain material described in the complaint, for use by them in the prosecution of the work, which they had contracted with the United States to do in constructing.the metal work for the Baltimore lighthouse, as mentioned in the bond. The material furnished by the company was of the value of $1,890.25. The company duly performed all the condition of its contract with the defendants, which it had agreed to perform, and made delivery as pro- vided for in its agreement, and by reason of the premise thsre became due and payable to the company from. the dgfendants, including the plaintiff in error, the sum of $1,890.25, with intent from June 7, 1904, no part of which has been paid. Judgment was demanded for that sum, with intent, as stated. The action was commenced on the twelfth of April, 1905. The plaintiff in error demurred to the complaint on the ground, first, that the court had no jurisdiction of the person_o.f the defendant, the United States Fidelity and Guaranty Co'pany; second, that the court had not jurisdiction of the subject of the action; and, third, that the complaint does not state facts sufficient to constitute a cause of action against the defendant, the United States Fidelity and Guaranty Company. This demurrer was overruled, with leave to the defendant to answer, which the defendant refused to do, and thereupon judgment was entered for the plaintiff against it, which was affumed by the Circuit Court of Appeals. or has been, prnsecuted, that labor or materials for the prosucution of such work has been supplied by him or them, and payment for which has not Been made, shall be furnished with a certified copy of said contract and bond, upon which said person or persons supp]ylng such labor and materials shall have a right of action, and shall be authorized to bring suit in the name of the United States for big or their use and benefit against said contractor snd retisa, and to prosecute the same to final judgment and execution: vzd, That uch action and its prosecution shall involve the United States in no expense,"

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