New York Court of Appeals
Edward McClare, Doing Business Under the Name of Brown Printing Co., Appellant v. Massachusetts Bonding and…
March 5, 1935266 N.Y. 371
Summary
The Court reversed the lower courts, holding that the surety bond issued to the State Athletic Commission was intended to benefit a defined class of creditors, including the plaintiff, and therefore the plaintiff may enforce the bond as a third‑party beneficiary. The dissent argued that the Commission lacked authority to require such a bond and that no benefit was intended for the plaintiff.