Elmohar Co. v. Phillips
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jesse S. Phillips and another, as receivers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of March,-1918, upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Page, J.:
The action was brought to recover from the surety upon a bond given to the owner of real estate to secure the faithful performance of a building contract. The contract called for the construction of two tiled roof stucco houses at Long Beach, L. I., known as houses 34 and 35. The contractor partly finished house 34, but failed to begin house 35. The action was commenced in January, 1911, and was first tried in February, 1912. The jury rendered a special verdict in favor of the plaintiff assessing the damages for the default on house 34 at $1,967.07 and on house 35 at $2,752. The…
2Cases cited4 opinions
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- British American Tobacco Co. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Elmohar Co. v. . People's Surety Co.New York Court of Appeals · 1916
3Cited by2 opinions
- Village of Canton v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
- New York Municipal Railway Corp. v. Intercontinental Construction Corp.New York Supreme Court · 1921