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UNITED STATES v. NATIONAL SURETY CO.

Nos. 271, 272.

254 U.S. 73 (1920)

41 S.Ct. 29

65 L.Ed. 143

UNITED STATES v. NATIONAL SURETY COMPANY.

Supreme Court of United States.

Decided November 8, 1920.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Spellacy and Mr. Leonard B. Zeisler, Special Assistant to the Attorney General, for the United States.

Mr. Samuel W. Fordyce and Mr. Thomas W. White for respondent. Mr. John H. Holliday was also on the brief.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

The National Surety Company executed as surety two bonds given to secure contracts entered into with the United States. The contractor defaulted and was later adjudicated a bankrupt. The loss to the Government was about $13,000. The Surety Company paid to it on account of this loss $3,150, the full amount of the liability on the bonds. Thereupon the Government proved its claim in bankruptcy for the balance,...

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