Spitz v. Century Indemnity Co.

This is a suit against the surety on a bond. The facts are not disputed. Spitz and Max N. Abrams were tenants in common of property in New London. On October 5, 1938, Spitz brought suit against Abrams for an accounting and attached the interest of the latter in the common property. On February 1, 1939, Spitz brought another action against Abrams for partition in which the pendency of the accounting action, the existence of the attachment and the fact that Abrams had moved for a release of the attachment on filing a bond were recited. On April 19, 1940, the sale of the property in the…