David v. Abramowitz

Section 63 of article VI of chapter 14 of the Code of Ordinances of the city of New York contemplates that the beneficiaries of the bonds therein required to be filed are those whose property is intrusted to the licensee. Otherwise, the bonds would confer a cause of action upon no one and the filing would be a futile act. An action on such a bond is one upon a contract and, therefore, is within the jurisdiction of the Municipal Court. (Mun. Ct. Code, § 6, subd. 1.)

The bond of the National Surety Company on its face was given pursuant to the Code of Ordinances applicable to expressmen, and one…