Stewart v. Title Guaranty & Surety Co.

Appellate Division of the Supreme Court of New York

Stewart v. Title Guaranty & Surety Co.

166 A.D. 964, 151 N.Y.S. 1146

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1915

StatusPublished

This text of 166 A.D. 964 (Stewart v. Title Guaranty & Surety Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart v. Title Guaranty & Surety Co., 166 A.D. 964, 151 N.Y.S. 1146 (N.Y. Ct. App. 1915).

Pincite

Opinion

Judgment affirmed, with costs. This court finds and decides that the building contract for the performance and fulfillment of which the contract in question was given, was never completed or performed within the meaning of the provision contained in the contract in question, and that, therefore, the six months’ limitation does not apply, and so far as any findings of the referee are inconsistent therewith, the same are disapproved. All concurred, except Lambert and Merrell, JJ., who dissented.

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Judgment affirmed, with costs. This court finds and decides that the building contract for the performance and fulfillment of which the contract in question was given, was never completed or performed within the meaning of the provision contained in the contract in question, and that, therefore, the six months’ limitation does not apply, and so far as any findings of the referee are inconsistent therewith, the same are disapproved. All concurred, except Lambert and Merrell, JJ., who dissented.

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Bluebook (online)

166 A.D. 964, 151 N.Y.S. 1146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-title-guaranty-surety-co-nyappdiv-1915.