Mayor, Aldermen & Commonalty of New York v. Brady
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court. in the first judicial department, entered December 3, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the amount of a judgment recovered against the city of New York by reason of the alleged negligence of contractors, against whose acts the defendants had indemnified the city.
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Appeal from a judgment of the General Term of the Supreme Court. in the first judicial department, entered December 3, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. This action was brought to recover the amount of a judgment recovered against the city of New York by reason of the alleged negligence of contractors, against whose acts the defendants had indemnified the city. The facts, so far as material, are stated in the opinion. By paying over to the contractors the money held as an indemnity against the Cruikshank claim, the city…
1Opinion of the CourtO’Brien, J.
The defendants were held liable as sureties upon an indemnity bond executed to the plaintiff for the faithful performance of a certain contract.
On the 31st of August, 1883, a firm of contractors entered into a written contract with the plaintiff for the construction of a sewer in Ninth avenue between Eighty-first and Eighty-third streets. This contract contains elaborate provisions in which the obligations of the parties are fully specified. A brief reference to one or two of the stipulations will be sufficient for all the purposes of this case. The contractors were bound to so guard the…
2Cases cited3 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Oceanic Steam Navigation Co. v. Campania Transatlantica EspanolaNew York Court of Appeals · 1895
3Cited by19 opinions
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Town of Waterbury v. Waterbury Traction Co.Supreme Court of Connecticut · 1901
- Long Island Railroad v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Murphy v. . City of YonkersNew York Court of Appeals · 1914
- Tolmie v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
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