Graybar Electric Co. v. New Amsterdam Casualty Co.
New York Court of Appeals
I. The bond is a Tennessee contract and the liability thereunder must be determined according to the law of Tennessee. The bond involved in this case has been held to be a statutory bond by the Tennessee court. (United States Fidelity & Guaranty Co.v.
Read the full summary
I. The bond is a Tennessee contract and the liability thereunder must be determined according to the law of Tennessee. The bond involved in this case has been held to be a statutory bond by the Tennessee court. (United States Fidelity & Guaranty Co.v. Vermont Marble Co., 16 F. 2d 83; City of Knoxville v. Melvin F. Burgess, Chancery Court for Knox County, Tennessee, decided January 8, 1943, by Chancellor A. E. Mitchell. [Aff’d. after filing briefs herein, 175 S. W. 2d 548 (Tenn.)] — Rep. ; Cass v. Smith, 146 Tenn. 218; City of Bristol v. Bostwick, 139 Tenn. 304; Maryland Casualty Co. v.…
1Opinion of the Court
J.
Plaintiff supplied to a contractor materials for the performance of public work at Knoxville, Tennessee, and upon default in payment therefor began this action on a performance bond whereby the defendant surety company undertook with the local public authorities to make good the claims of laborers and materialmen. The answer of the surety company sets forth provisions of a Tennessee statute which authorizes a bond of that type. The substance of the several defenses is that the plaintiff failed to comply with conditions laid down by this statute as necessary to the recovery demanded in the…
2Cases cited10 opinions
- Home Insurance v. DickSupreme Court of the United States · 1930
- John Hancock Mutual Life Insurance v. YatesSupreme Court of the United States · 1936
- National Surety Co. v. Architectural Decorating Co.Supreme Court of the United States · 1912
- Teel v. . YostNew York Court of Appeals · 1891
- Reilly v. . SteinhartNew York Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Quaker Oats Co. v. City of New YorkNew York Court of Appeals · 1946
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Chester Airport, Inc. v. Aeroflex Corp.New York Supreme Court · 1962
- Gilpin v. Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1949
- Empresa Agricola Chicama Ltda. v. Amtorg Trading Corp.District Court, S.D. New York · 1944
22 more not listed; retrieve them via the Exa API.