Village of Argyle v. . Plunkett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 2, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
Hiscock, Ch. J.
This action was brought to recover against the appellant as surety upon an undertaking executed in behalf of one Plunkett, who had entered into a contract with the respondent to construct a system of water supply. In its complaint the respondent asserted many grounds of liability against the appellant. The trial court, however,- awarded judgment upon only two of these, namely, failure of the contractor to complete his work within the specified time and failure to pay certain bills for material and work furnished to him in the prosecution of his contract. The Appellate Division…
2Cases cited8 opinions
- Richardson v. . County of SteubenNew York Court of Appeals · 1919
- Gato v. WarringtonSupreme Court of Florida · 1896
- Closson v. BillmanIndiana Supreme Court · 1904
- Mayes v. LaneCourt of Appeals of Kentucky · 1903
- Friend v. RalstonWashington Supreme Court · 1904
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3Cited by14 opinions
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- Southwestern Portland Cement Co. v. WilliamsNew Mexico Supreme Court · 1926
- Seaboard Surety Co. v. Standard Accident InsuranceNew York Court of Appeals · 1938
- In Re the Accounting of Marine Trust Co.New York Court of Appeals · 1929
- In re the Estate of CamardaNew York Surrogate's Court · 1980
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