GRAZIANO v. INDEM. INS. CO. OF NORTH AM.


286 A.D. 867 (1955)

Joseph Graziano et al., Individually and as Copartners Doing Business as Joseph Graziano Company, Respondents, v. Indemnity Insurance Company of North America, Appellant

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

June 20, 1955.


Order affirmed, with $10 costs and disbursements.

The bond was executed in this State, where the right to sue in courts in the subdivisions of the State is controlled by statute (Civ. Prac. Act, § 182, et seq.) The parties to the bond obviously intended that the defendant was to pay up to a specified sum all unpaid claimants against the principal, who came within the definition of claimant in the bond. They stipulated that suit to establish the claims...

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