St John's College v. . &198tna Indemnity Co.
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was a condition precedent to a recovery that plaintiff should prove the giving of such certificates as were called for by the contract.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. It was a condition precedent to a recovery that plaintiff should prove the giving of such certificates as were called for by the contract. (Byron v. Low, 109 N. Y. 291; Sweet v. Morrison, 116 N. Y. 19 ; Nat. Cont. Co. v. H. R. W. P. Co., 170 N. Y. 439; Weeks v. O’Brien, 141 N. Y. 199; Winter v. City of Niagara…
1Opinion of the CourtChase, J.
The plaintiff, a domestic corporation, entered into a contract with John Maher & Son for the erection of a building on its college grounds for which it promised to pay $99,250. The contractors agreed to furnish the materials and perform the work in accordance with the drawings and specifications made by an architect and signed by the parties and annexed to the contract.
As provided by the contract, the said contractors gave a bond to the plaintiff with the defendant as a surety in the penal sum of $20,000 upon condition “That if the said John Maher & Son shall well and truly do and perform all…
2Cases cited4 opinions
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- Smith v. . MollesonNew York Court of Appeals · 1896
- Page v. . KrekeyNew York Court of Appeals · 1893
- Wyckoff v. . MeyersNew York Court of Appeals · 1870
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- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
- Mount Vernon City School District v. Nova Casualty Co.New York Court of Appeals · 2012
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Ramada Development Company, a Corporation v. United States Fidelity & Guaranty Company, a CorporationCourt of Appeals for the Sixth Circuit · 1980
- Assets Realization Co. v. . RothNew York Court of Appeals · 1919
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