United States Casualty Co. v. Jungreis

Order, entered on November 1, 1963, denying defendants-appellants’ motion to dismiss for legal insufficiency the third amended complaint as to such defendants, involving the second to sixth causes of action, unanimously modified, on the law, to the extent of dismissing the third, fourth, and fifth causes of action, and to that extent the motion is granted, otherwise the order is affirmed, with costs of the appeal and motion to defendants-appellants. In surety bond and third-party beneficiary contract terminology the creditor or obligee is the township. Since plaintiff surety company paid the…