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eBook details

• Title: Cunningham Et Al. v. Commonwealth Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 03, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

SANDERSON, J. This petition filed December 3, 1930, was brought under G. L. c. 30, § 39, as amended, against the commonwealth of Massachusetts, the American Indemnity Company and Joseph McCormick by three creditors to recover the amount of their claims for labor from funds held by the commonwealth, and in the event of a deficiency in such funds then the balance from the indemnity company. The labor was performed for subcontractors under the defendant McCormick, who in 1923 entered into a contract with the commonwealth through its department of public works for the construction of a section of highway. A fourth creditor was allowed to intervene as petitioner on June 23, 1931. All four were employed by two partners who were subcontractors under one Maloof who had entered into a contract with McCormick for the performance of part of the work and given McCormick a bond. The bill was filed December 3, 1930. Answers of McCormick and the indemnity company set up the defenses that the petitions are barred because not brought within one year after filing the claims, because the causes of action did not accrue within six years before the bringing of the petition and because of laches. All of the plaintiffs and the intervening petitioner ceased to perform labor in September, 1924. The contractor completed his work on June 30, 1923. All of the petitioners filed statements of their claims with the department of public works, two in December, 1924, and the last statement was filed in March, 1925. The master found that a stated sum was due each petitioner. The Judge ruled upon the master's findings that the plaintiffs and intervening petitioner have each been guilty of laches. From a final decree dismissing the bill the plaintiffs appealed. The contract between the commonwealth and McCormick provided that the commonwealth might retain money due the contractor for the payment of claims due for labor and materials filed with the department under G. L. c. 30, § 39. There is now a sum held by the commonwealth, which, with the bond given, constitutes the security required to be provided by the statute.

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