Jamaica Savings Bank v. Bryan

In arriving at the decision (175 Misc. 978), the court was led into believing that the defendant John W. Bryan was liable on the bond because of the allegation to that effect in the answer, which was verified.

It now appears that such was not the fact and that he was made a party to the action only because he was an occupant of the premises. Apparently, therefore, he is only a nominal defendant.

Furthermore, it appears that he is in the National Guard, and is now stationed in Brooklyn, N. Y., that drills are held twice each week and that his military duties do not require his full time.

Under…