Philadelphia v. Fidelity & Deposit Co. of Maryland

Citations

• 46 Pa. Super. 313
• 1911 Pa. Super. LEXIS 273

Syllabus

<p>Municipalities — Municipal contracts — Principal and surety — Subcontractor under surety.</p> <p>1. Where an ordinance of a city requires a public contractor to enter a bond with sureties to protect all persons supplying him with labor and materials “either as a subcontractor or otherwise,” a subcontractor under a contractor employed by the surety in the bond, who had been obliged to take oyer and complete the work, is entitled to the protection of the bond.</p> <p>2. The word “otherwise” as used in the bond is not to be rejected as meaningless, but it is to be considered as relating to a provision that would become effective in the event of a subcontractor failing to do his part of the same kind of work.</p> <p>3. Surety companies who go upon bonds for a consideration, are not entitled to the benefit of the rules of construction applicable to ordinary bonds of suretyship. Any doubtful language in such bonds will be construed most strongly against the surety and in favor of the indemnity which the assured had reasonable ground to expect.</p>