TRIANGLE ENGINEERING CORP. v. TRAVELERS INDEMNITY CO.

Civ. A. Nos. 3945, 3742.

72 F.Supp. 112 (1947)

TRIANGLE ENGINEERING CORPORATION v. TRAVELERS INDEMNITY CO. SALENIUS v. TRIANGLE ENGINEERING CORPORATION.

District Court, E. D. New York.

June 10, 1947.


Attorney(s) appearing for the Case

Vincent H. McInerney, of Hollis, L. I. (Benjamin Machinist, of White Plains, N. Y., of counsel), for plaintiff George Salenius.

Garey, Kissam & Garey, of New York City, for Travelers Indemnity Co.


BYERS, District Judge.

The Court is required to decide the question of the right of a Surety, under performance and completion bonds, to recover special counsel fees incurred by it in litigation between the subcontractor for whom the bonds were given, and his contractor.

By consent the subject was withdrawn from consideration by the jury at the outset of the trial, since the other issues were sufficiently complicated.

Salenius, the subcontractor sued...

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