Aetna Indemnity Co. v. Indiana Fuel Supply Co.
Aetna Indemnity Co. v. Indiana Fuel Supply Co.
Opinion of the Court
— Appellee brought this suit against the» Indianapolis Construction Company, as principal, and appellant, Aetna Indemnity Company, as surety, on bonds given to secure the performance of contracts between the Indianapolis Construction Company and the city of Indianapolis, for the construction of certain public improvements in said city.
The amended complaint was in three paragraphs. Appellant’s separate demurrers to each of these paragraphs, for want of facts, were overruled, and these rulings are separately assigned as error. The only errors presented go to the sufficiency of the complaint.
It is shown by each paragraph of the amended complaint, among other things, that the construction company and the city of Indianapolis entered into certain contracts, whereby the former was to make certain street improvements according to certain plans and specifications, and, among other things, was to pay all money due to any contractor or person furnishing material or labor for the making of such improvements; that to secure the faithful performance of these contracts on the part of the construction com
All questions presented by this appeal, were presented, considered and decided adversely tq appellant by the Supreme Court in the case of Aetna Indemnity Co. v. Indianapolis, etc., Fuel Co. (1912), 178 Ind. 70, 98 N. E. 706, and on the authority of that case the judgment in this cause is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.