Burfeind v. People's Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pep pie’s Surety Company of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the llih day of June, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of June, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
On May 22, 1907, the Hudson River Concrete Company, plaintiff's assignor, and one Seligman, entered into a contract which related to filling, regulating and grading East Twenty-sixth street, between Avenue D and Clarendon road, and to the laying of concrete sidewalk and curb. Concurrently therewith a bond was executed by Seligman as principal, and appellant as surety, for the faithful performance of the conditions and covenants of said contract on Seligman’s part. This action is brought upon said bond. *763The contract provided that a portion of the work should be completed within twenty…
2Cases cited5 opinions
- Howe Machine Company v. . FarringtonNew York Court of Appeals · 1880
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Lowman v. . YatesNew York Court of Appeals · 1868
- Michigan Steamship Co. v. American Bonding Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Ocean Operating Corp. v. Capital City Surety Co.New York Supreme Court · 1929