Westcott v. Fidelity & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of May, 1903, upon'the decision of the court rendered after a trial at the New York Trial Term, a-jury having been waived.
1Opinion of the Court
Hatch, J.:
The action was brought to recover the penalty of a bond given by the defendant in the sum of $15,000. Prior to November 10,1898, the plaintiff was the owner of- certain premises located on ¡Riverside drive, between Ninety-fourth and' Ninety-fifth streets, in the city of New York. Talbot, a contractor and builder, purchased the premises for the sum of $55,000, and gave a purchase-money mortgage thereon for the full amount of the purchase price. At the same time Talbot entered into a contract with plaintiff for the erection of a building upon the premises, and for the purpose of…
2Cases cited9 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Mathews v. . AikinNew York Court of Appeals · 1848
- Clift v. . WhiteNew York Court of Appeals · 1855
- Belleville Savings Bank v. ReisIllinois Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- 1633 Associates v. Uris Buildings Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- John P. Mills Organization, Inc. v. UngerCalifornia Supreme Court · 1932
- Sautter v. FrickNew York Supreme Court · 1929
- McCauslan v. Zoar Holding Co.New York Supreme Court · 1928
- Grand Union Tea Co. v. PotterNew York Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.