People v. . Metropolitan Surety Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1913, which reversed an order of Special Term confirming the report of a referee and allowing’ against the receiver of the Metropolitan Surety Company the claim of the appellant for the sum of $1,631.40. The Appellate Division certified the two questions: 1. At the date of the insolvency of the defendant, the Metropolitan Surety Company,…
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1913, which reversed an order of Special Term confirming the report of a referee and allowing’ against the receiver of the Metropolitan Surety Company the claim of the appellant for the sum of $1,631.40. The Appellate Division certified the two questions: 1. At the date of the insolvency of the defendant, the Metropolitan Surety Company, January 6, 1909, had the claim of the claimant, the H. B. Smith Company, so far ripened as to entitle the claimant to…
1Opinion of the CourtCollin, J.
The statute requiring and prescribing the substance and conditions of the bond is as perfectly binding on the principal and surety as if it had been set forth in the bond in its very words. (McCracken v. Hayward, 2 How. [U. S.] 608.) The bond, conforming to the stat- i ute, imposed only such obligations as the statute permits. The statute is in a sense a recognition by Congress of the inability of persons supplying contractors for public works with labor and materials to take liens upon the public property of the United States and a substitute for a mechanic’s hen law. (United States v.…
2Cases cited8 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Pollard v. BaileySupreme Court of the United States · 1874
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- United States v. Ansonia Brass & Copper Co.Supreme Court of the United States · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Matter of Empire State Surety Co.New York Court of Appeals · 1915
- Fed. Sec. L. Rep. P 97,164 Index Fund, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Second Circuit · 1978
- Philip Carey Co. v. Maryland Casualty Co.Supreme Court of Iowa · 1926
- New Britain Lumber Co. v. American Surety Co.Supreme Court of Connecticut · 1931
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
43 more not listed; retrieve them via the Exa API.