Turner v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas McIlvaine Turner, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of September, 1916, denying his motion for judgment on the pleadings, consisting of a complaint and demurrer, and sustaining defendant’s demurrer.
1Opinion of the Court
McLaughlin, J.:
Action to recover upon a guardian’s bond executed by Thomas M. Turner, as principal, and the Empire State Surety Company, as surety. According to the allegations of the com*220plaint the obligation of the Empire State Surety Company was assumed by the respondent on the 18th day of September, 1912, by virtue of a so-called reinsurance agreement entered into between them. Copies of the bond and reinsurance agreement were annexed to and made a part of the complaint. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of…
2Cases cited1 opinion
- Escott v. . National Surety CompanyNew York Court of Appeals · 1916
3Cited by7 opinions
- Merchants Indem. Corp. v. EgglestonNew Jersey Superior Court Appellate Division · 1961
- Fredericks v. Farmers Rel. Ins. Co. of NJNew Jersey Superior Court Appellate Division · 1963
- Terhune v. Margaret Hague Mat. Hosp.New Jersey Superior Court Appellate Division · 1960
- Bontempo v. CareyNew Jersey Superior Court Appellate Division · 1960
- Mercantile & General Reinsurance Co. v. Spanno Corp.New York Supreme Court · 1991
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