Elmohar Co. v. . People's Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. 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 of the Appellate Division of the Supreme Court in the first judicial department, entered October 29, 1913, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The setting aside of the verdict of the jury as to house No. 34 was unwarranted and the additional dismissal of the complaint and refusal of a new trial was without excuse. (Mersereau v. Mersereau, 49 App. Div. 647; Ventresca v. Beckwith, 112 App. Div. 72; Collins v.…
1Opinion of the CourtChase, J.
The plaintiff entered into an agreement in writing with a contractor to erect for it two houses in Long Beach, L. I., one known as house No. 34 and the other as house No. 35.
In accordance with a provision of said agreement the contractor as principal and the defendant as surety gave to the plaintiff a bond of §4,000 upon condition “ that if the said principal shall duly and faithfully perform and fulfill all and every the conditions and covenants of said contract above recited, on its part to be kept and performed, and also shall duly and faithfully indemnify and protect the said obligee…
2Cited by5 opinions
- Elias v. WrightCourt of Appeals for the Second Circuit · 1921
- Huskey Manufacturing Co. v. Friel-McLeister Co.Superior Court of Pennsylvania · 1924
- Northwestern Engineering Co. v. EllermanSouth Dakota Supreme Court · 1946
- Elmohar Co. v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1919
- Purdy v. MasseySupreme Court of Pennsylvania · 1931