George Colon & Co. v. Commercial Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
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
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- Syracuse Lighting Co. v. . Maryland Casualty Co.New York Court of Appeals · 1919
- Village of Canton v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
- British American Tobacco Co. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Graham Bros. Aktiebolag v. St. Paul Fire & Marine InsuranceNew York Supreme Court · 1924
3Cited by3 opinions
- Prudence Co. v. Fidelity & Deposit Co.District Court, S.D. New York · 1933
- 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
- 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