New York Court of Appeals

Charles Fosmire, Respondent v. National Surety Company, Appellant

May 4, 1920229 N.Y. 44

Summary

The Court of Appeals held that a laborer cannot sue the surety on a highway construction bond for unpaid wages because the bond's purpose is to protect the State, not to create a cause of action for workers. The appellate court reversed the Appellate Division and affirmed the Special Term's dismissal of the complaint.