New York Municipal Railway Corp. v. Intercontinental Construction Corp.

Action for damages against defendant contractor for failure to complete the work provided for under the contract, and against the defendants .surety *343companies on their bonds for the faithful performance of the contract by the contractor — each defendant in the sum of $50,000. The defendants surety companies defend on the claim that they are discharged from their obligations because plaintiff instead of making monthly payments to the contractor on monthly estimates, as provided for by the contract, during certain months preceding the contractor’s default made weekly payments to it. Defendant…