Stewart v. Title Guaranty & Surety Co. — 151 N.Y.S. 1146

Majority

p. 1146

STEWART et al., Respondents, v. TITLE GUARANTY & SURETY CO., Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 6, 1915.)

Headnote

Action by Alexander M. Stewart and another against the Title Guaranty & Surety Company.

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.

LAMBERT and MERRELL, JJ., dissent.