Legal Opinion

Century Cement Manufacturing Co. v. Fiore

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1942PublishedCited by 8 opinions

1Opinion of the CourtSchenck, J.

This is an appeal from an order and judgment granting the motion of respondent, New York Casualty Company, for affirmative relief in its claim to a fund of $3,778.63 remaining in the hands of the State of New York unexpended and available for distribution upon a contract between the State of New York and the defendant Luciano. The appellant is assignee of Luciano’s rights and interest in the proceeds of the aforesaid contract. The respondent is surety on two bonds executed by Luciano in connection with the contract, one covering completion thereof, the other covering payment to materialmen…

2Cases cited4 opinions

  1. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  2. Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
  3. Martin v. National Surety Co.Supreme Court of the United States · 1937
  4. Scarsdale National Bank & Trust Co. v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1934

3Cited by8 opinions

  1. United States Fidelity & Guaranty Co. v. Triborough Bridge AuthorityNew York Court of Appeals · 1947
  2. In Re Massachusetts Bonding and Insurance CompanyCourt of Appeals for the Second Circuit · 1958
  3. National Surety Corp. v. State National Bank of FrankfortCourt of Appeals of Kentucky (pre-1976) · 1970
  4. State Bank v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1961
  5. State Bank v. Dan-Bar Contracting Co.New York Supreme Court · 1960

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