United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hardaway v. National Surety Co., 211 U.S. 552 (1909)

Hardaway v. National Surety Company

No. 44

Argued December 8, 1908

Decided January 4, 1909

211 U.S. 552

Syllabus

One who furnishes money and superintends the completion of work under a government contract is not a subcontractor within the meaning of the Act of August 13, 1894, c. 280, 28 Stat. 278, and is not entitled to recover a deficit from the surety, and where there is no liability of the contractor, there can be no recovery against the surety on the contractor's bond.

The right of the surety on a bond for performance of a contract given under the Act of August 13, 1894, c. 280, 28 Stat. 278, to be subrogated

Page 211 U. S. 553

to the contractor's claim for balance due from the government is superior to that of one advancing money to the contractor on assignment of such claim. Prairie State Bank v. United States, 164 U. S. 227.

150 F.4d 5 affirmed.

The facts are stated in the opinion.