Legal Opinion

Merchants Mutual Casualty Co v. United States Fidelity & Guaranty Co.

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

Decided January 5, 1938PublishedCited by 17 opinions

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

  1. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  2. Lawrence v. . FoxNew York Court of Appeals · 1859
  3. Seaver v. . RansomNew York Court of Appeals · 1918
  4. McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
  5. 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

  1. Knox Recr. v. BallTexas Supreme Court · 1945
  2. Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
  3. Horne v. Radiological Health Services, P. C.New York Supreme Court · 1975
  4. Commonwealth v. Fidelity & Deposit Co. of MarylandSupreme Court of Pennsylvania · 1946
  5. Pittsburgh v. Parkview Construction Co.Supreme Court of Pennsylvania · 1942

12 more not listed; retrieve them via the Exa API.

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