Schwartz v. American Surety Co. of New York
Massachusetts Supreme Judicial Court
Contract against the American Surety Company of New York, a corporation, as surety, and the Hancock Engineering Company, a corporation, as principal, and also against the assignee of the last named corporation, on a bond given by the Hancock Engineering Company to the plaintiff for the faithful performance by that company of a contract in writing made by it with the plaintiff dated June 22, 1914, to build for the plaintiff a dwelling house on Lenox Avenue in Worcester.
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Contract against the American Surety Company of New York, a corporation, as surety, and the Hancock Engineering Company, a corporation, as principal, and also against the assignee of the last named corporation, on a bond given by the Hancock Engineering Company to the plaintiff for the faithful performance by that company of a contract in writing made by it with the plaintiff dated June 22, 1914, to build for the plaintiff a dwelling house on Lenox Avenue in Worcester. Writ dated January 1, 1915. In the Superior Court the case was tried before Morton, J. The material evidence is described in…
1Opinion of the CourtCarroll, J.
The plaintiff (hereinafter called the owner) entered into a written contract with the Hancock Engineering Company (hereinafter called the contractor) for the erection of a house in Worcester. A bond was given to the owner for the faithful performance of the contract, with the contractor .as principal and the American Surety Company of New York as surety. The condition was that, if the contractor should indemnify the owner against all loss or damage “directly arising by reason of the failure” of the contractor to perform faithfully the building contract, the bond was to be void, “otherwise to…
2Cases cited5 opinions
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Bullock v. CurryCourt of Appeals of Kentucky · 1859
- Warren v. LyonsMassachusetts Supreme Judicial Court · 1890
- George N. Pierce Co. v. BeersMassachusetts Supreme Judicial Court · 1906
- Manning v. LelandMassachusetts Supreme Judicial Court · 1891
3Cited by14 opinions
- Gordon v. O'BrienMassachusetts Supreme Judicial Court · 1947
- Manufacturers' Finance Co. v. RockwellMassachusetts Supreme Judicial Court · 1932
- Walker v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1938
- BAYER & MINGOLLA CONSTRUCTION CO. INC. v. DeschenesMassachusetts Supreme Judicial Court · 1965
- Hartford Accident & Indemnity Co. v. CasassaMassachusetts Supreme Judicial Court · 1938
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