John F. Comey, Respondent v. United Surety Company, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the new contract did not extinguish the plaintiff's cause of action against the surety and that the six‑month contractual limitation period did not bar the action because the cause of action accrued before completion of the work. The court also held that a foreign insurance corporation, once licensed under New York law, may invoke statutory or contractual limitation defenses like a domestic corporation, though the defense was inapplicable here.