Louis Brandeis

“ Furthermore, if the attention is to be directed to the precise wording of the bond, it should be noted that it refers to Schott, 'his or their heirs, successors, executors or administrators;' and the Engineering Company may properly be deemed a successor. The argument that the surety's risk ought not to be increased by holding it liable for the default of strangers to the original contract is of no greater force in the case of an assignee than it is in that of the subcontractor. ”

“ Rep. 298. The liability here accrued at least as early as the commencement of the suit. The Surety Company contends that the amount each claimant was to receive was not made definite until it was actually decided by the court of appeals. But the claims were all for liquidated amounts; and in no instance was the amount in dispute. The controversy was merely as to which of the claimants should be entitled to share in the liability under the bond. The Surety Company might have paid into court at the commencement of the suit an amount equal to the penalty of the bond. ”

“ As to certain claims, that the creditors are estopped by specific acts from enforcing the liability upon the bond.
(4) As to the claim of the United States Equipment Company, that rental for cars, track, and equipment is not a claim for 'labor and materials' recoverable on bond. ”