Beals v. Fidelity & Deposit Co. of Maryland
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by Edward P. Beals and others against the Fidelity & Deposit Company of Maryland and others. From a judgment in favor of plaintiffs, defendant Deposit Company appeals.
1Opinion of the CourtHiscock, J.
This action was brought under and upon a bond executed by the appellant as surety for one Louis Kreis, Jr., a contractor, to recover the value of certain articles furnished by plaintiffs to said contractor. A verdict was directed and a recovery allowed upon the ground that the articles furnished were “materials,” within the meaning of the bond executed. We think that this ruling was-error calling for a reversal of the judgment.
Said Kreis entered into a contract with the city of Buffalo for the-construction of a retaining wall across the head of Evans Slip', on Erie street, in said city, in…
2Cases cited7 opinions
- Schmidt v. MesmerCalifornia Supreme Court · 1897
- Allen v. ElwertOregon Supreme Court · 1896
- May & Thomas Hardware Co. v. McConnellSupreme Court of Alabama · 1893
- United States ex rel. Thomas Laughlin Co. v. MorganU.S. Circuit Court for the District of Maine · 1900
- Zipp v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- City of Alpena ex rel. Besser v. Title Guaranty & Surety Co.Michigan Supreme Court · 1909
- Fay v. Bankers Surety Co.Supreme Court of Minnesota · 1914
- Standard Boiler Works v. National Surety Co.Washington Supreme Court · 1912
- Empire State Surety Co. v. City of Des MoinesSupreme Court of Iowa · 1911
5 more not listed; retrieve them via the Exa API.