MacArthur Brothers Co. v. . Kerr
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14,1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14,1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The Pennsylvania judgment in favor of plaintiff herein and against the surety company is binding upon the estate of Mrs. Crage, defendant, due notices of all proceedings having been served upon her as indemnitor. (Mayor v. Brady, 151 N. Y. 611; Carleton v. Lombard,…
1Opinion of the CourtHiscock, J.
The appellant entered into a contract for railroad construction in the state of Pennsylvania. It made a sub-contract with the firm of Lamorte & McCabe to do part of the work and received from the Fidelity and Deposit Company of Maryland a bond guaranteeing to the extent of $2,000 the faithful performance by said subcontractors of their contract. As a condition of executing this bond said Fidelity and Deposit Company required and received a bond executed by said sub-contractors and the respondent’s testatrix for its indemnity and protection and which amongst other things contained the…
2Cases cited7 opinions
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Chace v. HinmanNew York Supreme Court · 1832
- Maloney v. . NelsonNew York Court of Appeals · 1894
- Konitzky v. . MeyerNew York Court of Appeals · 1872
- McBeth & Compton v. McIntyreCalifornia Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959
- Pfizer, Inc. v. Stryker Corp.District Court, S.D. New York · 2004
- United States ex rel. W. E. Foley & Bro. v. United States Fidelity & Guaranty Co.Court of Appeals for the Second Circuit · 1940
- First National Bank of New York v. Bankers Trust Co.New York Supreme Court · 1934
- German American State Bank v. BearSupreme Court of Kansas · 1922
8 more not listed; retrieve them via the Exa API.