AM. SUR. CO. OF NEW YORK v. SANITARY SLEEP PRODS. CORP.


12 A.D.2d 809 (1961)

American Surety Company of New York, Respondent, v. Sanitary Sleep Products Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 23, 1961


Order affirmed, with $10 costs and disbursements.

The indemnity agreement between the parties covers a bond for the performance of a contract made by defendant Sanitary Sleep Products Corp. with the United States of America, for the sale and delivery of certain goods. Clause "Second" of the indemnity agreement. in pertinent part, provides that: "the Indemnitor [defendants] will perform all the conditions of * * * said bond * * * and save the Company [plaintiff] harmless...

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