CASE & SON MFG. CO. v. FERGUSON & CO.


14 Misc.2d 441 (1956)

W. A. Case & Son Manufacturing Co., Plaintiff, v. H. K. Ferguson & Company et al., Defendants.

Supreme Court, Special Term, New York County.

August 14, 1956.


Attorney(s) appearing for the Case

Holtzmann, Wise & Shepard (Jacob L. Holtzmann, Edmund H. H. Caddy and Frank P. Broz of counsel), for plaintiff

French, Fink & Markle (J. G. Fink, Francis X. Conway and Fred P. Ellison of counsel), for defendants.


SAUL S. STREIT, J.

The payment bond, upon which this action is based, is separate and distinct from the performance bond given by the defendants at the same time and in connection with the same contract. It provides that it is to be void if "the principal shall promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract". The specifications which formed part of the contract provided that...

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