Legal Opinion

National Surety Co. v. Winston

Appellate Division of the Supreme Court of the State of New York

Decided April 3, 1914PublishedCited by 2 opinions

Appeal by the defendants, James 0. Winston and another, copartners, etc., and another, 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 28th day of November, 1913, upon the decision of the court after a trial before the court at the New York Trial Term, a jury having been waived.

1Opinion of the Court

Scott, J.:

Defendants were awarded a contract to construct a portion of the new aqueduct for the city of New York.

They gave the city an undertaking of the Empire State Surety Company in the sum of $80,000, and at the same time executed an agreement to indemnify the surety company and to pay it an annual premium of $1,200 payable in advance on the 20th day of September, 1907, afterwards changed to the twentieth day of February in each year. The Empire State Surety Company became insolvent and is now in process of liquidation. '

On September 18, 1912, the Empire State Surety Company reinsured all…

2Cited by2 opinions

  1. American Fidelity Co. v. LeahyAppellate Division of the Supreme Court of the State of New York · 1919
  2. National Surety Co. v. BreuchaudAppellate Division of the Supreme Court of the State of New York · 1914

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