New York Court of Appeals

Charles F. Henricus, Appellants v. Charles Englert, Respondent

March 21, 1893137 N.Y. 488

Summary

The Court reversed the lower court's judgment and ordered a new trial, holding that the plaintiffs, as parties to the sealed bond, have standing to sue, that post‑execution changes to the building plans do not discharge the surety's liability, and that payments made by the plaintiffs to satisfy liens do not extinguish their right of action on the bond.