Emmet v. Sanitary Water Still Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William. T. Emmet, as superintendent of insurance, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 18 th day of Hovember, 1913, denying plaintiff’s motion on the pleadings for judgment overruling the demurrer to the complaint.
1Opinion of the Court
Hotchkiss, J.:
By the instrument on which this action is brought the defendant agreed “ to save harmless and indemnify ” the surety company, of which plaintiff is the receiver, from “any and all * * * liabilities, losses * * * of whatsoever kind, name, nature or description” which the surety company “shall or may, for any cause, at any time sustain or incur, by reason of ” any bond or undertaking given by the surety company in defendant’s behalf; also, that the defendant would at its own expense defend the surety company from any action brought bn any such bond or undertaking and would pay “…
2Cited by1 opinion
- Maryland Casualty Co. v. StraubingerAppellate Division of the Supreme Court of the State of New York · 1963