Legal Opinion
Dwelle-Kaiser Co. v. Ætna Casualty & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 1925Published
1Opinion of the Court
•Sears, J.:
The defendant has obtained a judgment entered on the order of the Special Term dismissing the plaintiff’s amended complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The material allegations of the voluminous complaint may be summarized as follows:
1. In January, 1918, the Schaefer Construction Company contracted with the city of Syracuse to construct a school building.
2. Thereafter the Maryland Casualty Company executed a bond to the city conditioned upon the faithful performance of the contract by the Schaefer Construction Company.
3.…
2Cases cited10 opinions
- Miller v. . SchlossNew York Court of Appeals · 1916
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- Hanna v. Florence Iron Co. of WisconsinNew York Court of Appeals · 1918
- Hotchkin v. Third National BankNew York Court of Appeals · 1891
- Peoples' Bank of City of New York v. . BogartNew York Court of Appeals · 1880
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