Legal Opinion

United States Fidelity & Guaranty Co. v. City of Newark

New Jersey Court of Chancery

Decided July 29, 1909PublishedCited by 3 opinions

On final hearing. On bill, answer, replication and proofs.

1Opinion of the Court

Howell, Y. 0.

The parties to this suit are before the court under the provisions of the Municipalities Lien law. P. L. 1892 p. 869. Stewart & Abbot made a contract with the city of Newark for the construction of the Cedar Grove reservoir. James Seme made a subcontract with Stewart & Abbot for the performance of a portion of the work. The complainant, a corporation engaged in the surety business, became surety to Stewart & Abbot for the performance by Seme of the provisions of his subcontract. The bond or instrument of suretyship contained this clause:

“Second; that in case of such default on…

2Cases cited2 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873

3Cited by3 opinions

  1. Moorestown Trust Co. v. BuzbyNew Jersey Court of Chancery · 1931
  2. Bridgeton Nat. Bank v. Commercial, C., Co.New Jersey Court of Chancery · 1934
  3. Wills v. JamesNew Jersey Court of Chancery · 1926

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