Legal Opinion

American Surety Co. v. Wells Water District

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1937PublishedCited by 5 opinions

1Opinion of the CourtRhodes, J.

The facts found by the referee are accepted by all parties; the questions presented relate to his legal conclusions as applied to the facts.

The principal question is whether the plaintiff surety company is liable under its bond for the payment of all outstanding claims of laborers and materialmen in connection with the construction of a water supply system of the Wells Water District, town of Wells. i

The plaintiff surety company having given its bond in connection with the construction nontract, brought an action setting forth *21that there were outstanding and unpaid claims, demanded that the…

2Cases cited2 opinions

  1. McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
  2. Smyth v. . City of New YorkNew York Court of Appeals · 1911

3Cited by5 opinions

  1. Dupack v. Nationwide Leisure Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Novak & Co. v. Travelers Indemnity Co.New York Supreme Court · 1976
  3. Pennex Aluminum Co. v. International Fidelity InsuranceDistrict Court, M.D. Pennsylvania · 1993
  4. American Surety Co. v. Wells Water DistrictAppellate Division of the Supreme Court of the State of New York · 1938
  5. Gernatt Asphalt Products, Inc. v. Bensal Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

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