Delaware, Lackawanna & Western Railroad v. Burkard

Haight, J.:

This action was brought to recover upon a bond executed by the-defendants as sureties for one Florack. The defendant Burkard appeared and answered by Messrs. Sullivan & Morris as his attorneys, and the defendants George and Catherine Fritchie appeared and answered by Messrs. Satterlee & Yeoman as their attorneys. The defendant Burkard admitted that notice was served and' that demand of payment was made upon him as alleged in the complaint. The defendants George and Catherine Fritchie denied that notice of the demand and refusal, or either of them, was given to them at any time, or…