Trustees of Newburgh v. Galatian
New York Supreme Court
Debt on bond in the penalty of $1000, conditioned that the defendants should pay the plaintiffs all such sums of m0ney as should or might be paid, laid out and expended .. , . . . . . . by the plaintiffs, m repairing and improving a certain street *n Newburgh, called First street, that is to say, that part or section of First street, between Golden street and Elídson’s river, so as to construct and make a safe and convenient passage and way for wagons, carts and carriages, m…
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Debt on bond in the penalty of $1000, conditioned that the defendants should pay the plaintiffs all such sums of m0ney as should or might be paid, laid out and expended .. , . . . . . . by the plaintiffs, m repairing and improving a certain street *n Newburgh, called First street, that is to say, that part or section of First street, between Golden street and Elídson’s river, so as to construct and make a safe and convenient passage and way for wagons, carts and carriages, m and along First street to the road and highway leading to George Gardner’s dock, near First street; and should moreover…
1Opinion of the Court
Curia, per
Woodworth, J.
The defendants covenanted to pay all sums of money expended in improving First street, and to indemnify the plaintiffs from all actions, suits, costs and damages on account thereof. It evidently was the intention of the parties that the plaintiffs should be completely indemnified for all lawful acts in the discharge of their duty. It could not he foreseen, that groundless suits would not be commenced against them. They knew, that if drawn into litigation in such cases, expenses would necessarily accrue ; and, therefore, to guard against such a contingency, resorted to…
2Cases cited7 opinions
- Kip v. BrighamNew York Supreme Court · 1810
- Blasdale v. BabcockNew York Supreme Court · 1806
- Kip v. BrighamNew York Supreme Court · 1810
- Powell v. TrusteesNew York Supreme Court · 1822
- Waldron v. M'CartyNew York Supreme Court · 1808
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Pfizer, Inc. v. Stryker Corp.District Court, S.D. New York · 2004
- Rhode v. GreenIndiana Supreme Court · 1866
- United States Fidelity & Guaranty Co. v. HittleSupreme Court of Iowa · 1903
- Niagara Falls Paper Co. v. LeeAppellate Division of the Supreme Court of the State of New York · 1897
- Mayor of Troy v. Troy & Lansingburgh RailroadNew York Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.