Lyth v. Hingston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alfred Lyth and others, from a judgment of the Supreme Court in favor of the defendant, Edward J. Kingston, entered in the office of the clerk of the coilnty of Erie on the 20th day of March, 1896, upon the decision of the court rendered after a trial at the Erie Circuit on the 29th day of March, 1895, before the court without a jury.
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Appeal by the plaintiffs, Alfred Lyth and others, from a judgment of the Supreme Court in favor of the defendant, Edward J. Kingston, entered in the office of the clerk of the coilnty of Erie on the 20th day of March, 1896, upon the decision of the court rendered after a trial at the Erie Circuit on the 29th day of March, 1895, before the court without a jury. Upon the '31st day of March, 1891, the defendant John MacGregor entered into a contract with the city of Buffalo to construct a sewer in.Stanislaus street, in that city, for the sum of $979. ■ Concurrently therewith, MacGregor, as…
1Opinion of the Court
Adams, J.:
The plaintiffs seek to maintain this action upon the theory that,, although not parties to the bond upon which their action is founded, nor privy to its consideration, they may, nevertheless, avail themselves of the indemnity which it assumes to furnish to parties who supplied labor and materials used in /the performance of a contract entered into by the principal obligor with the city of Buffalo.
The case of Lawrence v. Fox (20 N. Y. 268) and other kindred cases of a later date are cited by the learned counsel for the plaintiffs, and it is claimed that they furnish ample authority…
2Cases cited9 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- French v. . VixNew York Court of Appeals · 1894
- Townsend v. . RackhamNew York Court of Appeals · 1894
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3Cited by9 opinions
- City of Rochester v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- Glawatz v. People's Guaranty Search Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Reed & Barton v. AsheAppellate Division of the Supreme Court of the State of New York · 1897
- City of Rochester v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- George W. Maltby & Sons Co. v. WadeNew York Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.