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Randall Engineering Corp. v. East Bay Assoc., Inc.

Supreme Court of Rhode Island
Mar 14, 1978
119 R.I. 942 (R.I. 1978)

Opinion

APPEAL No. 76-260.

March 14, 1978.

Abedon Visconti, Ltd., Girard R. Visconti, Thomas W. Heald, for plaintiff.

Keenan, Rice, Dolan, Reardon Kiernan, John W. Kershaw, for defendant.


This is a civil action to recover on a labor and material payment bond upon which the defendant insurer is the surety. The insurer appeals from a judgment entered, after a jury-waived trial in the Superior Court, for the plaintiff in the amount of just over $6,500 plus costs. Earlier, a stipulation had been filed in the Superior Court in which it was agreed that the plaintiff's claim against the principal, East Bay Associates [Associates], Inc., could be dismissed without prejudice.

When the insurer's appeal came on for argument, it conceded that its defense of lack of notice was meritless in the light of our holding in Providence Electric Co. v. Donatelli Building Co., 116 R.I. 340, 356 A.2d 483 (1976). Consequently, the insurer's appeal is denied and dismissed, and it is so ordered.


Summaries of

Randall Engineering Corp. v. East Bay Assoc., Inc.

Supreme Court of Rhode Island
Mar 14, 1978
119 R.I. 942 (R.I. 1978)
Case details for

Randall Engineering Corp. v. East Bay Assoc., Inc.

Case Details

Full title:RANDALL ENGINEERING CORP. v. EAST BAY ASSOCIATES, INC. and AMERICAN…

Court:Supreme Court of Rhode Island

Date published: Mar 14, 1978

Citations

119 R.I. 942 (R.I. 1978)