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General Railway Signal Co. v. Title Guaranty & Surety Co.

123 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1910-06-01 English

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p. 1117
GENERAL RY. SIGNAL CO., Respondent, v. TITLE GUARANTY & SURETY CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department
June 1, 1910.)

Headnote

Action by the General Railway Signal Company against the Title Guaranty & Surety Company.

Judgment affirmed, with costs.

WILLIAMS, J., dissents, on the ground that the undertaking was never executed by the person for whose benefit it was given, as required by its terms, and on the further ground that the plaintiff failed to check up the accounts monthly, as agreed to be done by the plaintiff.