Legal Opinion

Mulcahy & Gibson, Inc. v. Pacific Coast Casualty Co.

City of New York Municipal Court

Decided January 15, 1913Published

Action upon a bond or undertaking guaranteeing the performance of a contract for work.

1Opinion of the CourtGreen, J.

This action is brought by the plaintiff against the defendant upon a bond or undertaking given by the defendant, a surety company, to the plaintiff, and which guaranteed the performance by the Bagge-Stillman Company of a certain contract for doing certain work made by it with the plaintiff. The Bagge-Stillman Company failed to complete its contract. Plaintiff was compelled to complete the contract, and expended in its completion the sum of $1,-748.20 in excess of the amount agreed upon by the Bagge-Stillman Company to do the work. If in this case plaintiff is entitled to recover it is…

2Cases cited7 opinions

  1. Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
  2. Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
  3. Hoye v. . Pennsylvania R.R. Co.New York Court of Appeals · 1908
  4. Wilcox v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1903
  5. Pargoud v. United StatesSupreme Court of the United States · 1872

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