American Surety Co. v. United States ex rel. Melton Hardware Co.

Citations

• 76 Miss. 289

Syllabus

<p>1. United States Government. Claims against it. Assignments. Revised Statutes United States, l 3477 (2d ed.).</p> <p>In a suit by the United States on a contractor’s bond for the use of one who has furnished materials used in the construction of a government building, a plea setting up an assignment by the contractor of a claim for work unperformed, with power of attorney to agents to complete the building and collect Aoneys that might thereafter become due, presents no defense, under § 3477, Revised Statutes of the United States.</p> <p>3. Open Accounts. Code 1893, ¡i 1801. Affidavits. SvMs on bonds.</p> <p>A suit upon a bond is not within the provisions of code of 1893, § 1801, authorizing the proof of open accounts by affidavits, although the measure of damages recoverable for the breach of the bond may be the value of goods charged in the account.</p>