Buffalo Cement Co. v. McNaughton
New York Supreme Court
Action by the Buffalo Cement Company, Limited, against PIÍ113 B. McNaughton and William Ackley, impleaded with William A. Green, to recover a balance due to plaintiff from defendant Green, for cement furnished by plaintiff and used by Green in the construction of a sewer for the city of Buffalo.
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Action by the Buffalo Cement Company, Limited, against PIÍ113 B. McNaughton and William Ackley, impleaded with William A. Green, to recover a balance due to plaintiff from defendant Green, for cement furnished by plaintiff and used by Green in the construction of a sewer for the city of Buffalo. The action was brought on a bond given to the city of Buffalo, by Green as principal, with defendants M drought on and Ackley as sureties, conditioned for the payment by Green of all claims for labor and materials performed and furnished in the construction of the sewer. Plaintiff was non-suited, and…
1Opinion of the CourtLewis, J.
The defendant William A. Green, by a written contract with the city of Buffalo, dated June 18, 1892, agreed to construct a sewer in Bailey avenue in said city, for which the city agreed to pay him $125,707, in semimonthly payments, as the work progressed. Concurrently with the execution of this contract, a bond was executed by .the contractor, Green, as principal, and the defendants McYaughton, Ackley, and one Rayner, as sureties, to the city of Buffalo. It was in the usual form under seal, and was in the penal sum of $62,864. It was recited therein that:
“Whereas, the above bounden W. A.…
2Cases cited8 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Gifford v. . CorriganNew York Court of Appeals · 1889
- French v. . VixNew York Court of Appeals · 1894
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fosmire v. . National Surety Co.New York Court of Appeals · 1920
- Socony-Vacuum Oil Company, Incorporated v. Continental Casualty CompanyCourt of Appeals for the Second Circuit · 1955
- McGrath v. American Surety Co.New York Court of Appeals · 1954
- William S. Van Clief & Sons, Inc. v. City of New YorkNew York Supreme Court · 1931
- Smith v. Great South Bay Water Co.Appellate Division of the Supreme Court of the State of New York · 1903
13 more not listed; retrieve them via the Exa API.