United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mankin v. Ludowici-Celadon Co., 215 U.S. 533 (1910)

Mankin v. Ludowici-Celadon Company

No. 167

Submitted January 7, 1910

Decided January 17, 1910

215 U.S. 533

Syllabus

Under the labor and material law of February 24, 1905, c. 778, 33 Stat. 811, amending the Act of August 13, 1894, c. 280, 28 Stat. 278, indemnity is provided for persons furnishing labor and materials to a subcontractor as well as to the contractor in chief for the construction of a public building.

The indemnity extends to the full amount furnished notwithstanding the contractor may have already paid the subcontractor in full or

Page 215 U. S. 534

in part. Provisions in state statutes limiting recovery against contractor to amount remaining unpaid to subcontractor do not affect suit under the federal statute which contain no such provisions. The decision in Hill v. American Surety Co., 200 U. S. 197, in regard to claims against subcontractors under the act of 1894 followed as to such claims under the statute as amended in 1905.

158 F.1d 21, affirmed.

The facts, which Involve the construction of the federal labor and material act of February 24, 1905, c. 778, 33 Stat. 811, are stated in the opinion.

Page 215 U. S. 535