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International Time Recording Co. v. S. S. Co.

Supreme Court, Appellate Term, First Department
Jan 8, 1932
142 Misc. 501 (N.Y. App. Term 1932)

Opinion

January 8, 1932.

Appeal from the City Court of the City of New York, New York County.

George Berkowitz, for the appellant.

Walter Wolff, for the respondent.


The bond set forth in the complaint provides that any one furnishing materials or rendering services to the principal may maintain an action on the bond as though named therein. Under such circumstances the plaintiff, which, it is alleged, furnished labor and materials for which it has not been paid, can maintain this action against the defendant surety company as one of the beneficiaries for whose protection the bond was required to be given. ( Strong v. American Fence Construction Co., 245 N.Y. 48; Maltby Sons v. Wade, 131 Misc. 143; affd., 224 A.D. 779.) The complaint is insufficient, however, in failing to allege the amount of the bond, and thereby failing to disclose whether the defendant is liable at all. The order appealed from must, therefore, be affirmed, but with leave to plaintiff to serve an amended complaint.

Order affirmed, with disbursements, with leave to plaintiff to serve an amended complaint within six days after service of order entered hereon upon payment of said disbursements.

All concur; present, LYDON, FRANKENTHALER and UNTERMYER, JJ.


Summaries of

International Time Recording Co. v. S. S. Co.

Supreme Court, Appellate Term, First Department
Jan 8, 1932
142 Misc. 501 (N.Y. App. Term 1932)
Case details for

International Time Recording Co. v. S. S. Co.

Case Details

Full title:INTERNATIONAL TIME RECORDING COMPANY OF NEW YORK, Appellant, v. SOUTHERN…

Court:Supreme Court, Appellate Term, First Department

Date published: Jan 8, 1932

Citations

142 Misc. 501 (N.Y. App. Term 1932)
254 N.Y.S. 668