City of New York v. Baird
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of New York, from that part of a judgment" of tlié 'Supreme Court which is "in "favor of the defendants 'James 'Baird arid James Evérard, and which was -énteréd in'-:thé" office of the clerk of the county of New York on the" 21st.day of October, 1908, upon the dismissal of the complaint by direction of the qou-r-t.ns to'-said defendants, after a trial,at-the New York Trial Term, a verdict in favor of the plaintiff against the-defendant…
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Appeal by the plaintiff, The City of New York, from that part of a judgment" of tlié 'Supreme Court which is "in "favor of the defendants 'James 'Baird arid James Evérard, and which was -énteréd in'-:thé" office of the clerk of the county of New York on the" 21st.day of October, 1908, upon the dismissal of the complaint by direction of the qou-r-t.ns to'-said defendants, after a trial,at-the New York Trial Term, a verdict in favor of the plaintiff against the-defendant William .'P. Baird having been rendered by direction of the court.
1Opinion of the Court
Clarke, J.:
This is an appeal from a judgment entered upon a dismissal of the complaint at the close of plaintiffs case as against James Baird and James Everard, sureties on a general bond to secure the due performance of a contract made by William P. Baird with the city for laying water mains in Fifth avenue. Clause P of that contract provided that the contractor should properly guard and light the excavation “ and that he will indemnify and save harmless the parties of the first part (that is the city) against and from all suits and actions of every name and description brought against them,…
2Cases cited9 opinions
- Antisdel v. . WilliamsonNew York Court of Appeals · 1901
- City of New York v. . BairdNew York Court of Appeals · 1903
- Mayor of New York v. BradyNew York Supreme Court · 1893
- Mansfield v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1900
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lewis County v. Aetna Accident & Liability Co.Washington Supreme Court · 1920