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FIRST NATIONAL BANK IN YONKERS v. MARYLAND CASUALTY CO.

No. 80, Docket 26028.

290 F.2d 246 (1961)

FIRST NATIONAL BANK IN YONKERS, Plaintiff-Appellant, v. MARYLAND CASUALTY COMPANY, Defendant-Appellee, City of New York, William Casey & Sons, Inc., United States of America, Charles H. Hanson, Charles W. Grant, James Martin, Robert M. Johnson, As Trustees of the New York City Carpenters' Welfare & Pension Fund, Defendants, Liberty Mutual Insurance Company, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Gerald M. Smith, New York City (Samuel Gottesman, New York City, on the brief), for plaintiff-appellant.

Emil V. Pilz, New York City (Nevius, Jarvis & Pilz, New York City, on the brief), for defendant-appellee.

Raymond Gitlin, New York City (Benjamin Rosen, Brooklyn, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.

LUMBARD, Chief Judge.

This case arises out of the breach by William Casey and Sons, Inc., of its contract to construct sewers in Bowery Bay for the City of New York. The City has been satisfied since The Maryland Casualty Company, appellee herein, completed the sewers pursuant to its bond guaranteeing Casey's performance. Involved in this appeal are the competing claims of the First National Bank in Yonkers, the Maryland Casualty Company

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