Peoples Bank of Hamburg v. C. L. Gates, Inc.
Appellate Division of the Supreme Court of the State of New York
1Dissent
Crouch, J. (dissenting).
In regard to.the rule of strict construction, it is at least clear that the courts will be cautious in applying it to the contracts of compensated sureties. (St. John’s College v. Ætna Indemnity Co., 201 N. Y. 335; Town of Whitestown v. Title Guaranty & S. Co., 72 Misc. 498; affd., 148 App. Div. 900; affd., 209 N. Y. 512; Village of Newark v. Leary Const. Co., 118 Misc. 622.) But even where it does apply, it goes no further than preventing the coverage by implication of matters which were not in the contemplation of the parties at the time the bond *331was executed. (John…
Also in this document: Concurrence.
2Cases cited7 opinions
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- McElroy v. . MumfordNew York Court of Appeals · 1891
- Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911
- Town of Whitestown v. . the Title Guaranty and Surety Co.New York Court of Appeals · 1913
- Town of Whitestown v. Title Guaranty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911
2 more not listed; retrieve them via the Exa API.