McKegney v. Illinois Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Terence McKegney, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of November, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Scott, J.:
The action is upon a bond given to plaintiff by the Payne Construction Company as principal and the defendant as surety conditioned for the faithful performance by the prin*508cipal of a building contract between it and the plaintiff. The contract is in a form very commonly used and includes an agreement by the construction company that the work shall be fully performed on or before the 15th day of February, 1913, “ it .being distinctly and thoroughly understood that such time is of the essence of this contract.” It was further provided that in case of default by the construction…
2Cases cited4 opinions
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- Comey v. . United Surety Co.New York Court of Appeals · 1916
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Along-the-Hudson Co. v. AyresAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by10 opinions
- BIB Construction Co. v. Fireman's InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Pan-American Petroleum & Transport Co. v. United StatesCourt of Appeals for the Second Circuit · 1928
- Southern Pac. Co. v. Globe Indemnity Co.Court of Appeals for the Second Circuit · 1927
- City of Elmira v. Larry Walter, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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