Third District Building Ass'n v. Grimmer

Citations

• 9 Teiss. 38
• 1911 La. App. LEXIS 129

Syllabus

<p>i. Act 134 of 1906 refers to conditions existing at the time when the furnishers of materials, sub-contractors, etc., are first allowed an opportunity to judicially test the bond previously taken by the owner ex parte and on his own responsibility.</p> <p>2. The only view consonant with both the letter and the spirit of the^ Statute is that the owner is. liable, unless it be found, on the trial, of the objection in the concursas proceeding, that the surety is financially able to respond to his obligation.</p> <p>3. There is nothing in the nature of the obligation or in the terms of ' the Statute to require a return of milla bona as to the surety as a: condition precedent to the liability of the owner. He is liable-as the surety would have been.</p>