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SEABOARD SURETY CO. v. ACME WELLPOINT CORP.

No. 3801.

156 So.2d 688 (1963)

SEABOARD SURETY COMPANY, Appellant, v. ACME WELLPOINT CORPORATION, a Florida corporation, and Wm. S. Smith Construction Co., a Florida corporation, Appellees.

District Court of Appeal of Florida. Second District.

October 9, 1963.

Attorney(s) appearing for the Case

Howell, Kirby, Montgomery & Sands, Jacksonville, for appellant.

Raymond A. Tavares, Tampa, for appellees.

MURPHREE, JOHN A.H., Associate Judge.

Was garnishment a proper remedy?

Smith Construction Company contracted to do certain work for the City of Sarasota. Seaboard Surety Company (appellant) was the surety on the performance and payment bond of Smith to guarantee performance of its contract with the city and the payment of all bills incurred in connection therewith. Acme Wellpoint Corporation (appellee) furnished certain materials and equipment to Smith for...

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