Yawger v. . American Surety Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart ment, entered May 2, 1913, which reversed an interlocu tory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “Does the complaint state' facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial depart ment, entered May 2, 1913, which reversed an interlocu tory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “Does the complaint state' facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. The complaint does not state facts sufficient to constitute a cause of action because the bond of the first year surety and the…
1Opinion of the CourtCardozo, J.
This case comes here on a demurrer to the complaint. One Grisco was the supervisor, and ex officio the treasurer, of the town of Cicero, in Illinois. He was elected for the first time on April 4, 1905, for the term of one year and until the election and qualification of a successor. By the town charter, the treasurer is required to receive and hold the town’s moneys, and to give a bond in a form prescribed by law. It is also declared to be his duty “ to keep a correct account of all moneys received and paid out by him, and when required to furnish to the board a statement of the moneys in his…
2Cases cited8 opinions
- Smythe v. United StatesSupreme Court of the United States · 1903
- Tillinghast v. . MerrillNew York Court of Appeals · 1896
- Morley v. Town of MetamoraIllinois Supreme Court · 1875
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- Pease v. . EganNew York Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- American Surety Co. of New York v. North Texas Nat. BankCourt of Appeals of Texas · 1929
- Halpern v. RosenbloomDistrict Court, S.D. New York · 1978
- Town of Wilson v. Town of NewfaneAppellate Division of the Supreme Court of the State of New York · 1992
- Matter of Bird v. McGoldrickNew York Court of Appeals · 1938
8 more not listed; retrieve them via the Exa API.