Legal Opinion
Laski v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1926PublishedCited by 13 opinions
1Per curiam
The bond was given solely for the protection of • the State. There is no evidence and it is not claimed that the assignee advanced any money which went into the construction in question. As against the assignee, therefore, the surety is subrogated to all the rights and remedies of the State and this right of equitable subrogation arose when the contract with the State was made. (Prairie State Bank v. United States, 164 U. S. 227.) As the State on completion by it of the defaulted contract would not be liable to the assignee so neither is the surety which is subrogated to the rights of the…
2Cases cited3 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Audley Clarke Co. v. W. F. Plass & Bro.New York Supreme Court · 1918
- Audley Clarke Co. v. W. F. Plass & Bro., Inc.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by13 opinions
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- Scarsdale National Bank & Trust Co. v. United States Fidelity & Guaranty Co.New York Court of Appeals · 1934
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- Maryland Casualty Co. v. Board of Water Com'rs of City of DunkirkCourt of Appeals for the Second Circuit · 1933
- G. B. Seely's Son, Inc. v. Fulton-Edison, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
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