Legal Opinion
Daniel-Morris Co. v. Glens Falls Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 23, 1954PublishedCited by 2 opinions
1Opinion of the CourtCallahan, J.
This appeal presents a question as to the right of a materialman to recover as a third-party beneficiary under a bond given in connection with a building contract.
Big-W Construction Corp. was the general contractor for the construction of a garden apartment in the Borough of Queens, City of New York. It hired Horowitz & Bubin, copartners (unserved defendants), as subcontractors to install the plumbing and heating system for a contract price of $390,000. One of the conditions of the subcontract was that Horowitz & Bubin furnish a 20% payment bond and a 20% performance bond. Such bonds were…
2Cases cited5 opinions
- Simson v. . BrownNew York Court of Appeals · 1877
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Strong v. American Fence Construction Co.New York Court of Appeals · 1927
- McGrath v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by2 opinions
- Rumsey Electric Co. v. University of DelawareSuperior Court of Delaware · 1975
- Schlanger v. Federal InsuranceSupreme Court of New Jersey · 1965