Tuzzeo v. . American Bonding Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 7, 1917, modifying and affirming as modified a judgment in favor of plaintiff entered upon the report of a referee. Pasquale Pati and Salvatore Pati were engaged in business as partners under the firm name of Pasquale Pati & Son in selling steamship and railroad tickets for transportation to and from foreign countries and in conjunction with said business carried on the business of receiving deposits of money for the purpose of transmitting the same or the equivalent thereof to…
1Opinion of the CourtChase, J.
' The Code of Civil Procedure (Sec. 1915) provides: “ A bond in a penal sum, executed within or without the State, and containing a condition to the effect, that it is to be void, upon performance of any act, has the same effect, for the purpose of maintaining an action or special proceeding, or two .or more successive actions or special proceedings thereupon, .as if it contained a covenant to pay the sum, or to perform the act specified in the condition thereof. But the damages to be recovered for a breach, or successive breaches, of the condition^ cannot, in the aggregate, exceed the penal…
2Cases cited11 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Guffanti v. . National Surety Co.New York Court of Appeals · 1909
- Woerz v. . SchumacherNew York Court of Appeals · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- Stuyvesant Insurance Co. v. Dean Construction Co.District Court, S.D. New York · 1966
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
- Gaskins v. BonfilsCourt of Appeals for the Tenth Circuit · 1935
- Robertson v. MillerCourt of Appeals for the Second Circuit · 1922
21 more not listed; retrieve them via the Exa API.