Westcott v. Fidelity & Deposit Co. of Maryland
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, New York County. Action by Robert E. Westcott against the Fidelity & Deposit Company of Maryland. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtHatch, J.
The action was brought to recover the penalty of a bond given by the defendant in the sum of $15,000. Prior to November 10, 1898, the plaintiff was the owner of certain premises located on Riverside Drive, between Ninety-Fourth and Ninety-Fifth streets, in the city of New York. Talbot, a contractor and builder, purchased the premises for the sum of $55,000, and gave a purchase-money mortgage thereon for the full amount of the purchase price. At the same time Talbot entered into a contract with plaintiff for the erection of a building upon the premises, and, for the purpose of securing a…
2Cases cited9 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Mathews v. . AikinNew York Court of Appeals · 1848
- Clift v. . WhiteNew York Court of Appeals · 1855
- Belleville Savings Bank v. ReisIllinois Supreme Court · 1891
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3Cited by2 opinions
- John P. Mills Organization, Inc. v. UngerCalifornia Supreme Court · 1932
- Westcott v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1905