Opinion
Gen. No. 43,905. (Abstract of Decision.)
Opinion filed May 19, 1947 Released for publication June 3, 1947
BONDS, § 13 — city as necessary party defendant to claim by third person on surety bond given as condition of license. City was indispensable and necessary party defendant to cross-claim by third person to recover on surety bond, executed to city in certain penal sum upon granting of license to principal to exercise vocation of house mover, raiser or shorer, for failure to pay damages suffered by reason of alleged faulty shoring, where condition of bond covered payment of damages sustained by city as well as by private persons, since, should penalty of bond be exhausted in payment of third person's claim, city would be without remedy for damages which it might have sustained by reason of such alleged faulty shoring.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WALTER R. O'MALLEY, Judge, presiding.
Order affirmed. Heard in the first division, first district, this court at the October term, 1946.
Louis G. Davidson and Joseph D. Ryan, for appellant;
Charles J. Michal and McKinley Price, for appellee.
Not to be published in full. Opinion filed May 19, 1947; released for publication June 3, 1947.