Village of Canton v. Globe Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Globe Indemnity Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 3d day of March, 1922, upon the report of an official referee, and also from an order of the Supreme Court made at the Schenectady Special Term and entered in the office of the clerk of the county of St. Lawrence on the same day granting the plaintiff an additional allowance of costs.
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Appeal by the defendant, Globe Indemnity Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 3d day of March, 1922, upon the report of an official referee, and also from an order of the Supreme Court made at the Schenectady Special Term and entered in the office of the clerk of the county of St. Lawrence on the same day granting the plaintiff an additional allowance of costs. The defendant the H. K. Corbin Company, Inc., made a contract with the plaintiff to construct for it a water works system on or…
1Opinion of the Court
Cochrane, P. J.:
The appellant alleges in its answer that the plaintiff during the performance of the contract paid to the contractor considerable sums in excess of the amounts due it and in violation of the rights of the appellant thereby discharging the latter from its obligations under its bond. There is no allegation in the answer that in any other particular the plaintiff varied or modified the terms of the contract or so conducted itself or dealt with the contractor as to prejudice the rights of the appellant as a surety. It is true that the plaintiff from time to time advanced moneys to…
2Cases cited8 opinions
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- Chaude v. . ShepardNew York Court of Appeals · 1890
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- Murphy v. . BuckmanNew York Court of Appeals · 1876
- Edward E. Buhler Co. v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Babylon Associates v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984
- United States ex rel. W. E. Foley & Bro. v. United States Fidelity & Guaranty Co.Court of Appeals for the Second Circuit · 1940
- Northrup Contracting, Inc. v. Village of BergenAppellate Division of the Supreme Court of the State of New York · 1987
- Six Companies of California v. Joint Highway Dist. No. 13Court of Appeals for the Ninth Circuit · 1940
- Southern Pac. Co. v. Globe Indemnity Co.Court of Appeals for the Second Circuit · 1927
9 more not listed; retrieve them via the Exa API.