Mayor v. Moore
New York Supreme Court
Appeal from circuit court. Action by the mayor, etc., of the city of New York against Matthew H. Moore and others. Judgment was given dismissing the complaint, and plaintiffs appeal.
1Opinion of the CourtVan Brunt, P. J.
This action was brought upon a bond conditioned for the faithful performance of a contract for the construction of a sewer in the city of New York. The defendant Moore, the contractor, is the principal of the bond, and the defendants Donovan and McManus are the sureties. The contract, for the faithful performance of which the bond was given, contained the following provision: “The said party of the second part [meaning the contractor] further agrees that if the work under this agreement shall be abandoned, or if at any time the said commissioner shall be of the opinion, and shall so certify…
2Cited by1 opinion
- Jones v. Rochester Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1896