Lyman v. Rochester Title Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rochester Title Insurance 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 Ontario on the 19th day of April, 1898, upon the decision of the court rendered after a trial at the Monroe Special Tern}, overruling the said defendant’s demurrer to the plaintiff’s complaint, and also, as stated in the notice of appeal, from the order overruling the demurrer and…
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Appeal by the defendant, the Rochester Title Insurance 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 Ontario on the 19th day of April, 1898, upon the decision of the court rendered after a trial at the Monroe Special Tern}, overruling the said defendant’s demurrer to the plaintiff’s complaint, and also, as stated in the notice of appeal, from the order overruling the demurrer and upon which an interlocutory judgment was entered. The action was begun November 5, 1897, to recover the penalty of a bond…
1Opinion of the Court
McLennan, J.:
The bond in question was given, and all the alleged breaches of its conditions occurred, during the year 1896, and, therefore, the liability of the defendant must be determined by the bond itself and by the statute as it existed at that time.
It is elementary that where a bond is given, in pursuance of a statute, the provisions of the statute are, in effect, a part of the bond. (McCluskey v. Cromwell, 11 N. Y. 593; People v. Chalmers, 60 id. 154.)
The statute constitutes a part of the contract of the surety. (People v. Pennock, 60 N. Y. 421, 425.)
Section 11 of chapter 112 of the…
2Cases cited4 opinions
- McCluskey v. . CromwellNew York Court of Appeals · 1854
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Southwick v. . SouthwickNew York Court of Appeals · 1872
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
3Cited by13 opinions
- Corporacion Venezolana De Fomento v. Vintero Sales Corp.District Court, S.D. New York · 1978
- In re LymanAppellate Division of the Supreme Court of the State of New York · 1901
- State v. Vending Machine Corp.Supreme Court of Oklahoma · 1935
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 1900
- State v. HelmannWisconsin Supreme Court · 1916
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