Legal Opinion

755 Seventh Avenue Corp. v. Carroll

New York Court of Appeals

Decided January 15, 1935PublishedCited by 21 opinions

1Opinion of the CourtHubbs, J.

Appellant owned land in the city of New York which was mortgaged. On June 14, 1930, the Earl Carroll Realty Corporation took a long-term lease of the property agreeing to erect thereon a new theatre and to pay the entire cost and expense of erection, completion and equipment thereof. On the same date, the respondent Carroll personally executed a construction bond under seal by which he unconditionally guaranteed “ That the Earl Carroll Realty Corporation * * * will pay the entire cost and expenses of erection, completion and equipment of said first new theatre building.” When the theatre was…

2Cases cited4 opinions

  1. Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
  2. N.Y. Harlem R.R. Co. v. . HawsNew York Court of Appeals · 1874
  3. Brown v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1899
  4. Ellis v. DelafieldAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by21 opinions

  1. Roldan v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
  2. McCabe v. Queensboro Farm Prods.New York Court of Appeals · 1968
  3. Fuchs v. London & Lancashire Indemnity Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1940
  4. Pfizer, Inc. v. Stryker Corp.District Court, S.D. New York · 2004
  5. Levantino v. Insurance Co. of North AmericaNew York Supreme Court · 1979

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