Zipp v. Fidelity & Deposit Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fidelity and Deposit Company of Maryland, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 17th day of October, 1901, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Spring, J.:
In the early part of 1900, one Louis Kriess, Jr., entered into contracts with the city of Buffalo whereby for certain prices specified he agreed to construct a retaining wall across Evans slip on Erie street, in said city. As security for the performance of the said work, and the payment of those who performed services or furnished materials in its construction, the defendant, a foreign corporation, engaged in the business of guaranteeing the performance of contracts, duly executed on behalf of said Kriess its bond under seal bearing date May 22, 1900, to the city of Buffalo…
2Cases cited3 opinions
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Gamble v. CuneoAppellate Division of the Supreme Court of the State of New York · 1897
- Hazard Powder Co. v. ByrnesNew York Court of Common Pleas · 1861
3Cited by15 opinions
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- Johnson v. StarrettSupreme Court of Minnesota · 1914
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. United StatesCourt of Appeals for the Second Circuit · 1906
- Empire State Surety Co. v. City of Des MoinesSupreme Court of Iowa · 1911
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