From Casetext: Smarter Legal Research

Fidelity and Casualty Company v. Marendino

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1922
202 App. Div. 812 (N.Y. App. Div. 1922)

Opinion

June, 1922.


We think the answer raises an issue as to the subject-matter of the indemnity agreement. It may be that on the trial the plaintiff can show that the indemnitors intended the agreement to apply to the bond in the County Court. Order denying plaintiff's motion for summary judgment affirmed, with ten dollars costs and disbursements. Rich, Kelly, Jaycox and Young, JJ., concur; Blackmar, P.J., concurs in the result.


Summaries of

Fidelity and Casualty Company v. Marendino

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1922
202 App. Div. 812 (N.Y. App. Div. 1922)
Case details for

Fidelity and Casualty Company v. Marendino

Case Details

Full title:THE FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. VINCENZA…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1922

Citations

202 App. Div. 812 (N.Y. App. Div. 1922)

Citing Cases

McCabe v. Allboro Excavation Co.

Had the confession of judgment provided that judgment was not to be entered unless the defendants were in…

A C Agency v. Alan Corp.

A different view has been taken where the confession of judgment has been entered without authority under its…