Griffith v. Stucker

Citations

• 91 Kan. 47
• 136 P. 937
• 1913 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Suretyship • — Indemnity Bond of Public Contractor ■ — Valid under the Statute — Available to Laborers and Materialmen of Subcontractor. After the work of improving streets of a city had been completed, but before formal acceptance by the city, the contractor gave a bond .with sureties to the state of Kansas conditioned that if he should pay all indebtedness incurred by him for labor and material furnished in making the improvements the bond should be void, otherwise to be in full force. The contractor’s contract with the city provided that he should give the bond required by chapter 179 of the Laws of 1887. The prescribed condition of such a bond is that the contractor shall pay all indebtedness incurred for labor or material furnished in making public improvements. The bond which was given was not filed for record with the clerk of the district court as the statute requires, and the improvements were actually made by a subcontractor who failed to pay his laborers and materialmen. Held:</p> <p>A. The bond was given pursuant to a statutory duty and not simply on a past consideration, and the delay in giving it did not affect its character. .</p> <p>B. The terms of the bond are to be interpreted as intended to accomplish the purpose of the statute, which is to protect laborers and material men who make contributions to public works.</p> <p>C. Labor and material furnished by the subcontractor were in contemplation of the statute and the bond furnished by the contractor.</p> <p>D. The provision for filing the bond was inserted in the statute for the benefit of laborers and materialmen. The obli.gation was complete when the bond was executed and delivered to the city.</p> <p>E. The subcontractor’s laborers and materialmen may resort to the bond as security for the indebtedness due them.</p> <p>2. - Subcontractor’s Bond to Contractor — Available to Laborers and Materialmen Not Apprised of it. The contractor took from the subcontractor