British American Tobacco Co. v. United States Fidelity & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, United States Fidelity and Guaranty Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of June, 1916, upon a decision of the court after a trial before the court without a jury.
1Opinion of the Court
Smith, J.:
The action is brought by plaintiff against the defendant upon its bond to secure the faithful execution of a contract entered into between the plaintiff and one John W. Davis for the construction of a certain building at Petersburg, Va. The complaint alleges that Davis proceeded to construct said building, and made default therein; that the defendant surety was notified of said default, and neglected to proceed with the construction; that the plaintiff thereupon was required to proceed with the construction at a cost to the plaintiff in addition to what had been paid to the…
2Cases cited6 opinions
- Smith v. . MollesonNew York Court of Appeals · 1896
- St John's College v. . &198tna Indemnity Co.New York Court of Appeals · 1911
- St. John's College v. Ætna Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Hawkins v. BurrellAppellate Division of the Supreme Court of the State of New York · 1902
- Hastings Land Improvement Co. v. . the Empire State Sur.New York Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
- Ramada Development Company, a Corporation v. United States Fidelity & Guaranty Company, a CorporationCourt of Appeals for the Sixth Circuit · 1980
- Aetna Casualty & Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- George Colon & Co. v. Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
3 more not listed; retrieve them via the Exa API.