American Bonding Co. v. Kelly

Headnote

American Bonding Co. of Baltimore v. Kelly, 172 App. Div. 437 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1916, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court in an action to recover premiums alleged to be due on a guaranty bond entered into by the plaintiff guarantee

ing performance by defendant of a building contract. The complaint alleged that defendant agreed “ in writing ” to pay “ each year during the period when said bond should be in force, a premium of $346.44; that said bond is still in force and plaintiff still liable upon said bond,” and asked for a judgment for premiums which became due July 19, 1912, and July 19, 1913. The answer alleged that the written contract called for the payment of only $346.44, which amount had been paid, and denied the other allegations of the complaint.