Fosmire v. . National Surety Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 11, 1919, which reversed an order of Special Term denying plaintiff’s motion for judgment on the pleading and directing a dismissal of the complaint and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 11, 1919, which reversed an order of Special Term denying plaintiff’s motion for judgment on the pleading and directing a dismissal of the complaint and granted said motion. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action? ” The nature of the action and the facts, so far as material, are stated in the opinion. The bond is an instrument under seal and the plaintiff, respondent, is neither a…
1Opinion of the CourtCarduzo, J.
In June, 1916, Wagner & Braun entered into a contract with the state of New York for the' construction of part of the state highway in the village of Saugerties. The Highway Law (Consol. Laws, chap. 25, sec. 130, subd. 7) requires every such contractor to execute a bond in the form prescribed by the commission with sufficient sureties, conditioned for the performance of the work in accordance with the contract, for the commencement and completion thereof within the prescribed time, and for the payment of any direct or indirect damages that shall be suffered or claimed on account of such…
2Cases cited10 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Seaver v. . RansomNew York Court of Appeals · 1918
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Pardee v. . TreatNew York Court of Appeals · 1880
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3Cited by76 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- United States Fidelity & Guaranty Co. v. Triborough Bridge AuthorityNew York Court of Appeals · 1947
- Key International Manufacturing, Inc. v. Morse/Diesel, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- McClare v. Massachusetts Bonding & InsuranceNew York Court of Appeals · 1935
- Burns Jackson Miller Summit & Spitzer v. LindnerAppellate Division of the Supreme Court of the State of New York · 1982
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