Cappadonna v. Illinois Surety Co.

The notice of motion seems to be framed as a motion under section 547 and also under section 976 of the Code of Civil Procedure. I shall treat it as under the latter section, it appearing to be the more appropriate to the relief demanded.

The action was brought by the plaintiff, suing in behalf of himself and all other creditors of Edward Mondaini doing business under the name andi style of E. Mondaini & Co., to recover on a bond given by the above named defendant in the penal sum of $15,000, pursuant to chapter 185 of the Laws of 1907, as amended by chapter 479 of the *471Laws of 1908. The answer…