Levison v. . Illinois Surety Co.
New York Court of Appeals
Appeal from a judgment, entered May 17, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of plaintiffs on the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered May 17, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of plaintiffs on the verdict directed by the trial court. The nature of the action and the facts, so far as material, are stated in the opinion. The assignments from Vermilye & Power, Inc., to the plaintiffs of their claims against the United States were in direct violation of section…
1Opinion of the CourtChase, J.
At the times herein mentioned the plaintiffs were doing business as copartners under the name of Commercial Trades Company in loaning money on accounts. Vermilye & Power was a domestic corporation engaged in selling merchandise to the United States government. The defendant Frank Paul was its secretary and treasurer. On the first of November, 1910, the defendant surety company executed a bond to the plaintiffs in the sum of $5,000 to continue for one year from its date. The material recitals therein and the condition thereof are as follows:
“ Whereas, the said Frank' Paul above named and…
2Cases cited2 opinions
- National Bank of Commerce v. DownieSupreme Court of the United States · 1910
- Manhattan Commercial Co. v. . PaulNew York Court of Appeals · 1916