Legal Opinion

Malony v. Brady

New York Court of Common Pleas

Decided May 2, 1892PublishedCited by 4 opinions

Appeal from ninth district court. Action by Patrick Malony against Edward Brady for damages resulting from the negligence of defendant in repairing the roof of plaintiff’s building, whereby the goods of plaintiff’s tenants were injured. Plaintiff paid his tenants for the injuries suffered by them, and he now sues defendant for indemnity. From a judgment for plaintiff, defendant appeals.

1Per curiam

As the party ultimately answerable for the wrong, defendant is bound to indemnify plaintiff. Sulzbacher v. Dickie, 6 Daly, 469, is an explicit authority in support of defendant’s liability. Moreover, on a former appeal in this case, we adjudged the defendant liable upon a state of facts substantially identical with that established on the trial under review. Malony v. Brady, 14 N. Y. Supp. 794. In this court, at all events, the question is concluded. We may adS„ however, that the defendant’s guaranty afforded another and independent ground of recovery. The sum paid by plaintiff to repair the…

2Cases cited2 opinions

  1. Sulzbacher v. DickieNew York Court of Common Pleas · 1876
  2. Malony v. BradyNew York Court of Common Pleas · 1891

3Cited by4 opinions

  1. Eberson v. Continental Investment Co.Missouri Court of Appeals · 1908
  2. Anthony v. Moore & Munger Co.Appellate Division of the Supreme Court of the State of New York · 1909
  3. Munk v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1907
  4. Malony v. BradyNew York Court of Common Pleas · 1892

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