Degnon-McLean Construction Co. v. City Trust, Safe Deposit & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City Trust, Safe Deposit and Surety Company of Philadelphia, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 5th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of May, 1903, allowing the plaintiff interest upon the verdict from the 8th day of February, 1900, to the date of said verdict, and also…
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Appeal by the defendant, The City Trust, Safe Deposit and Surety Company of Philadelphia, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 5th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 1st day of May, 1903, allowing the plaintiff interest upon the verdict from the 8th day of February, 1900, to the date of said verdict, and also from an order entered in said clerk’s office on the 4th day of May, 1903, denying the defendant’s motion for a new trial…
1Opinion of the Court
McLaughlin, J.:
The plaintiff having a contract with the city of Mew York for the construction of a portion of the foundation of the new East River bridge, made a contract with a firm by the name of Price & Garrison to furnish 9,941 cubic yards of cut granite -of certain descriptions and at specified prices, and to secure the faithful performance thereof they gave to the plaintiff an undertaking in the penal sum of $50,000 with the defendant in this action as surety. Price & Garrison furnished only 110 cubic yards of the granite contracted for, and the plaintiff, claiming there had been a…
2Cases cited2 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- Sloan v. . BairdNew York Court of Appeals · 1900
3Cited by4 opinions
- Bradley v. . McDonaldNew York Court of Appeals · 1916
- Village of Newark v. James F. Leary Construction Co.New York Supreme Court · 1922
- People ex rel. Cranford Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1912
- Degnon Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1922