Merchants Mutual Casualty Co v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLewis, J.
As an aftermath of a default by a primary contractor in the construction of a public improvement, we are to determine whether the plaintiff corporation is a third party beneficiary of a contractor’s surety bond.
The plaintiff furnished compensation and liability insurance to Chippewa Company, Inc., which in turn had a contract with the city of Buffalo to construct a public work project known as the Filhnore-Lovej oy storm sewer. When Chippewa Company defaulted on its contract, its debts included plaintiff’s claim of $8,503.33 for insurance premiums. Failing in its effort to collect from…
2Cases cited7 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Seaver v. . RansomNew York Court of Appeals · 1918
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Wilson v. Oliver Costich Co.Appellate Division of the Supreme Court of the State of New York · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Knox Recr. v. BallTexas Supreme Court · 1945
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Horne v. Radiological Health Services, P. C.New York Supreme Court · 1975
- Commonwealth v. Fidelity & Deposit Co. of MarylandSupreme Court of Pennsylvania · 1946
- Pittsburgh v. Parkview Construction Co.Supreme Court of Pennsylvania · 1942
12 more not listed; retrieve them via the Exa API.