Legal Opinion
Village of Newark v. James F. Leary Construction Co.
New York Supreme Court
Decided April 15, 1922PublishedCited by 5 opinions
Action on construction and surety contract.
1Opinion of the CourtRodenbeck, J.
The obligation of the National Surety Company in this case depends upon the contract which it made. It claims that changes were made in the construction contract which in effect created a new contract. If the plaintiff is entitled to recover it must recover upon the contract made and not upon another contract. The complaint of the surety company is that material changes were made in the contract which release it from its guaranty.
The rule of strict construction which applies to a voluntary surety has no application in this case. The true test is whether or not the contract has been…
2Cases cited8 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Smith v. . MollesonNew York Court of Appeals · 1896
- United States v. McMullenSupreme Court of the United States · 1912
- Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911
- Degnon-McLean Construction Co. v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Hunt v. Bankers & Shippers InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Public Service Electric & Gas Co. v. Technology for Energy Corp. (In Re Technology for Energy Corp.)United States Bankruptcy Court, E.D. Tennessee · 1992
- Bradshaw v. Wolfe CityCourt of Appeals of Texas · 1927
- Peoples Bank of Hamburg v. C. L. Gates, Inc.Appellate Division of the Supreme Court of the State of New York · 1931