Miano v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Guiseppe Miaño, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 12th day of July, 1912, upon the decision of the court, rendered after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Thomas, J,:
The question is whether a judgment against the principal in a bond is sufficient evidence against the surety of its liability for breach of conditions that can be asserted only by a third person. . The bond was given by one Labriola as principal and the Empire State Surety Company as surety on the condition that they “ shall "x" * "x" pay to the said City of New York, * "x" "x" any loss, damage or injury resulting to persons *424or property from the use or keeping of such explosives; and for the strict observance -of an ordinance, and the regulations made thereunder, to regulate the…
2Cases cited5 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Berry v. SchaadAppellate Division of the Supreme Court of the State of New York · 1900
- V. Loewer's Gambrinus Brewery Co. v. LithauerAppellate Terms of the Supreme Court of New York · 1904
- Obendorfer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Obendorfer v. . City of New YorkNew York Court of Appeals · 1910
3Cited by5 opinions
- Farley v. PattersonAppellate Division of the Supreme Court of the State of New York · 1915
- Eagle Indemnity Co. v. DiehlCourt of Appeals for the Ninth Circuit · 1928
- Fallert v. Massachusetts Bonding & Ins.Appellate Division of the Supreme Court of the State of New York · 1913
- Hasbrouck v. HansheNew York Supreme Court · 1915
- Hasbrouck v. LabriolaNew York Supreme Court · 1915