City of New Haven v. Eastern Paving Brick Co.
Supreme Court of Connecticut
Action upon two bonds given to secure the performance by the Eastern Paving Brick Company of contracts for pav-. ing-brick, brought to the Superior Court in New Haven County where the Eastern Paving Brick Company failed to appear; the court (Shumway, J. j overruled a demurrer to the answer of the Fidelity and Deposit Company of Maryland, the other defendant, and the cause was afterward tried to the court, George W. Wheeler, J. ; facts found and judgment rendered against the…
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Action upon two bonds given to secure the performance by the Eastern Paving Brick Company of contracts for pav-. ing-brick, brought to the Superior Court in New Haven County where the Eastern Paving Brick Company failed to appear; the court (Shumway, J. j overruled a demurrer to the answer of the Fidelity and Deposit Company of Maryland, the other defendant, and the cause was afterward tried to the court, George W. Wheeler, J. ; facts found and judgment rendered against the defaulting defendant and in favor of the Fidelity and Deposit Company, from which the plaintiff appealed. The complaint…
1Opinion of the CourtHall, J.
In rendering judgment for the plaintiff against the Eastern Paving Brick Company for $12,000, and in favor of the Fidelity and Deposit Company for costs, the trial court held that the plaintiff, by reason of the failure to give notice to the surety of the condition of the pavement within the time provided by the contract, and until June, 1902, lost its right to recover of the surety the money so expended by the director of public works in relaying the pavements ; but that as to the contractor, whose representative had in 1901 learned, as above stated, of the condition of the pavement, the…
2Cases cited2 opinions
- Lewis v. DwightSupreme Court of Connecticut · 1834
- City of Kansas City v. HansonSupreme Court of Kansas · 1899
3Cited by8 opinions
- Byram Lumber & Supply Co. v. PageSupreme Court of Connecticut · 1929
- Balfour Beatty Construction, Inc. v. Colonial Ornamental Iron Works, Inc.District Court, D. Connecticut · 1997
- Alfred E. Joy Co. v. New Amstebdam Casualty Co.Supreme Court of Connecticut · 1923
- State Ex Rel. Beardsley v. London & Lancashire Indemnity Co. of AmericaSupreme Court of Connecticut · 1938
- City of New Haven v. National Steam Economizer Co.Supreme Court of Connecticut · 1907
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