People v. Massachusetts Bonding & Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 26th day of March, 1917, sustaining a demurrer to the complaint and adjudging that the same does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
H. T. Kellogg, J.:
This is a demurrer to a complaint. The complaint alleges that the plaintiff and the Suffolk Contracting Company entered into'a contract for the resurfacing of a highway; that the Suffolk Contracting Company and this defendant, the former as principal 'and the latter as surety, executed a bond to the plaintiff for the faithful performance of such contract; that the Suffolk Contracting Company failed to comply with the terms of the contract; that the contract called for the placing of 12,727 cubic yards of Hudson river gravel; that in fact only 9,299 cubic yards were placed;…
2Cited by2 opinions
- Gifford v. Fargo, New York County Courts1919
- People v. Southern Surety Co.Appellate Division of the Supreme Court of the State of New York · 1918