Comey v. . United Surety Co.
New York Court of Appeals
Appeal from a judgment entered March 5, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered March 5, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s cause of action is barred by the contractual limitation contained in the bond. (Wood on Lim. [2d ed.] § 42.) The plaintiff cannot avail himself of the benefit of section 401 of the Code because…
1Opinion of the CourtCardozo, J.
In August, 1908, the plaintiff made a contract with the Pucci Contracting Company for the excavation.by that company of a plot of ground in the city of New York. The work was to be done by April 15, 1909, and the price to be paid for it was $20,000. For any delay after May 1, 1909, the damages were liquidated at $10 a day. The contractor gave a bond in the sum of $7,500 conditioned for the faithful performance of the contract. The bond was. signed by the defendant as surety. It contains a provision that actions against the surety must be begun “ within six months after the completion of the…
2Cases cited11 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- New England Mutual Life Insurance v. WoodworthSupreme Court of the United States · 1884
- Hamilton v. Royal Insurance Co. of Liverpool, EnglandNew York Court of Appeals · 1898
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
- Fred S. James & Co. v. Second Russian InsuranceNew York Court of Appeals · 1925
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Amex Asphalt Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1942
42 more not listed; retrieve them via the Exa API.