Smith v. . Molleson
New York Court of Appeals
Appeal from judgment of the General Term. of the Supreme Court in the first judicial department, entered upon an order made December 18,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was brought upon a bond executed by the ■defendant and another, conditioned for the faithful performance by the firm of Pratt & Moliesen of a contract between that firm and the plaintiff.
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Appeal from judgment of the General Term. of the Supreme Court in the first judicial department, entered upon an order made December 18,1893, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was brought upon a bond executed by the ■defendant and another, conditioned for the faithful performance by the firm of Pratt & Moliesen of a contract between that firm and the plaintiff. The facts, so far as material, are stated in the opinion. The contract was not a sufficient consideration for the bond, and a new consideration was necessary.…
1Opinion of the CourtO’Brien, J.
The defendant has been held liable as surety
Upon a bond given to secure the performance, by the contractors, of a building contract, dated 27ovember 1, 1888, in which they agreed to furnish, cut, set and clean all the new granite work for the enlargement of a public building in the city of 27ew York. The plaintiff agreed to pay the contractors for this work the sum of $30,000, in monthly payments of not to exceed eighty per cent “ of the estimated value of the work performed on the building,” the balance, or final payment, to be made when the work was completed. The work was to be done…
2Cases cited8 opinions
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- Gates v. . McKeeNew York Court of Appeals · 1855
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- Bennett v. . DraperNew York Court of Appeals · 1893
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