Samuel v. Fidelity & Casualty Co.
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Lewis S. Samuel against the Fidelity & Casualty Company of New York. From a judgment entered on a verdict directed by tile court in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtO’Brien, J.
The facts relating to this action are fully set forth in Samuel v. Casualty Co., 49 Hun, 122, 1 N. Y. Supp. 850, which was a case between these same parties wherein the plaintiff recovered a judgment, which is now pleaded as a bar in this action. That as well as this action was brought to recover damages for breach of a contract resulting from defendant’s wrongful withdrawal from a bond as surety for plaintiff. A recovery in the first action was had, and sustained at both the general term and the court of appeals. 24 N. E. 1092. It appears that upon the former trial the plaintiff sought to…
2Cases cited4 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Perry v. . DickersonNew York Court of Appeals · 1881
- Guernsey v. CarverNew York Supreme Court · 1832
- Samuel v. Fidelity & Casualty Co.New York Supreme Court · 1888
3Cited by5 opinions
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
- McCredy v. ThrushAppellate Division of the Supreme Court of the State of New York · 1899
- A. A. Levy Co. v. Columbia Overseas Corp.Appellate Division of the Supreme Court of the State of New York · 1922
- Pakas v. HollingsheadNew York Supreme Court · 1903
- Pakas v. HollingsheadAppellate Division of the Supreme Court of the State of New York · 1904