Ocean Operating Corp. v. Capital City Surety Co.

This case was submitted for decision upon an agreed statement of facts, at the Trial Term in Brooklyn, N. Y., on October 10, 1929, and thereafter the briefs of counsel were received.

This action is brought on two appeal bonds upon which the defendant was surety and which were given in two actions in which the plaintiff herein had secured judgments against the Hebrew National Kosher Sausage Factory, Inc., and Theodore Krainin.

The bonds provided that if judgment should be obtained against the appellants and an execution issued thereon was returned wholly or partly unsatisfied, the defendant…