Sturtevant Co. v. Fidelity & Deposit Co.

Citations

• 92 Wash. 52
• 158 P. 740
• 1916 Wash. LEXIS 1129

Syllabus

<p>Appeal — Review—New Trial — Discretion. The granting of a new trial for insufficiency of the evidence will not be disturbed except for clear abuse of discretion, and none appears where the evidence is in substantial conflict upon a controlling issue.</p> <p>Principal and Surety — Contractor’s Bond — Rights op Surety— Application op Payments. /7The surety upon a contractor’s bond to secure laborers and materialmen is not discharged by the fact that a payment by the contractor to a materialman without instructions as to its application, derived from the contract, was applied by the materialman to an older debt not secured by the bond, where the materialman had no knowledge as to the source of the money at the time of making the application; since want of knowledge by the creditor is controlling of his right to make the application.</p>