Hasbrouck v. Labriola

The action is brought by the superintendent of insurance as liquidator, of the Empire State Surety Company, an insolvent corporation. It is brought on the equity side of the court, and the character of the relief sought is such that it can be granted, if at all, only by a court of equity. The nature of the relief prayed for will be more readily understood if the facts of the case are first shortly stated. In the year 1904 the defendant Frank Labriola, being engaged in the business of contracting and excavating, applied to the surety company to become surety upon a bond required by an…