Town of Potsdam v. Ætna Casualty & Surety Co.

We are considering a motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice and the appellant raises the point that the issue as to limitation of time to bring the action against the surety company arises only by virtue of allegations in a separate defense set up in the amended answer of the surety company. The bond is not annexed to the amended complaint and the conditions of the bond which are relied upon by the surety company, as to the time to bring the action, are not mentioned in the amended complaint. Neither does the date the action was started appear in…