Alfred E. Joy Co. v. New Amstebdam Casualty Co.
Supreme Court of Connecticut
Action to recover the sum of $1,890 expended by the plaintiff in completing a certain painting job which the defendant Hawley had abandoned, and for a declaratory judgment establishing the rights of the parties, brought to the Superior Court in New Haven County where the demurrer of the defendant surety (the New Amsterdam Casualty Company) to the original complaint was overruled (Maltbie, J.), and its demurrer to the amended complaint was sustained, Wolfe, J.; thereafter,…
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Action to recover the sum of $1,890 expended by the plaintiff in completing a certain painting job which the defendant Hawley had abandoned, and for a declaratory judgment establishing the rights of the parties, brought to the Superior Court in New Haven County where the demurrer of the defendant surety (the New Amsterdam Casualty Company) to the original complaint was overruled (Maltbie, J.), and its demurrer to the amended complaint was sustained, Wolfe, J.; thereafter, the plaintiff having refused to plead further, the court (Wolfe, J.) rendered judgment for the defendant surety, and the…
1Opinion of the CourtCurtis, J.
The defendant the Casualty Company demurred to the amended complaint setting forth, in substance, the foregoing facts, for the following, among other, reasons: (1) Upon the ground that the undertaking of Hawley and the Casualty Company as surety, was to refund any amounts that the plaintiff would be compelled to pay to discharge any liens, and the right of action of the plaintiff to sue upon the bond cannot become effective until the plaintiff has paid something; and (2) that the amount that the job has cost the plaintiff to date does not exceed the amount that it agreed to pay, and therefore…
2Cases cited4 opinions
- Lewisohn v. StoddardSupreme Court of Connecticut · 1906
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1868
- City of New Haven v. Eastern Paving Brick Co.Supreme Court of Connecticut · 1906
- Howe v. GrimesMassachusetts Supreme Judicial Court · 1912
3Cited by17 opinions
- St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
- Textron, Inc. v. WoodSupreme Court of Connecticut · 1974
- Holly Sugar Corp. v. FritzlerWyoming Supreme Court · 1931
- Kress v. CoreyNevada Supreme Court · 1948
- Connecticut Savings Bank v. First National Bank & Trust Co.Supreme Court of Connecticut · 1947
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