Legal Opinion

George Colon & Co. v. Commercial Casualty Insurance

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

Decided May 24, 1929PublishedCited by 3 opinions

1Opinion of the CourtProskauer, J.

The plaintiff had a contract with the Board of Education of the city of New York to erect a high school. It employed the firm of A. Fiore & Son as subcontractors. The defendant gave a bond conditioned for the performance of A. Fiore & Son’s co.ntra.ct. It was conceded upon the trial that A. Fiore & Son did not complete the subcontract, and that the appellant did complete it at a cost exceeding the contract price by more than $5,000, the amount of defendant’s bond. Fiore admitted that he had defaulted in the performance of his contract, and the evidence is overwhelming that his cessation of…

2Cases cited5 opinions

  1. St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
  2. Syracuse Lighting Co. v. . Maryland Casualty Co.New York Court of Appeals · 1919
  3. Village of Canton v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
  4. British American Tobacco Co. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1917
  5. Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1924

3Cited by3 opinions

  1. Prudence Co. v. Fidelity & Deposit Co.District Court, S.D. New York · 1933
  2. Elias Siegelman, Individually, and as Administrator of the Estate of Eva Siegelman, Deceased v. Cunard White Star LimitedCourt of Appeals for the Second Circuit · 1955
  3. Elias Siegelman, Individually, and as Administrator of the Estate of Eva Siegelman, Deceased v. Cunard White Star LimitedCourt of Appeals for the Second Circuit · 1955

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