Shaul v. Fidelity & Deposit Co.

This is an action against defendant on its undertaking of bail in the sum of $7,500 to the effect that one Philip Kastel would, at all times, render himself amenable to any mandate which might be issued to enforce a final judgment against him in an action by plaintiff.

The facts are not in dispute. On September 26, 1922, the grand jury of the county of Montgomery, at a Trial Term of the Supreme Court, returned an indictment against Kastel, charging him with the crime of grand larceny in the first degree in appropriating to his own use the sum of $5,565 belonging to this plaintiff. Kastel was…