Beals v. Fidelity & Deposit Co. of Maryland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 4th day of November, 1901, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Hiscock, J.:
This action was brought under and upon a bond executed by the appellant as surety for one Louis Kreis, Jr., a contractor, to recover the value of certain articles furnished by plaintiffs to said contractor. A verdict was directed and a recovery allowed upon the ground *527that the articles furnished were “ materials ” within the meaning of the bond executed. We think that this ruling was error calling for a reversal of the judgment.
Said Kreis entered into a contract with the city of Buffalo for the construction of a retaining wall across the head of Evans slip on Erie street in said…
2Cases cited4 opinions
- Allen v. ElwertOregon Supreme Court · 1896
- May & Thomas Hardware Co. v. McConnellSupreme Court of Alabama · 1893
- Zipp v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Picard v. LangAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by24 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- Fitzgerald v. NealOregon Supreme Court · 1924
- Royal Indemnity Co. v. Day & Maddock Co.Ohio Supreme Court · 1926
- City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
19 more not listed; retrieve them via the Exa API.