City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.
New York Court of Appeals
Appeal from an" order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17,1902, sustaining plaintiff’s exceptions, ordered to be heard in the -first instance by the Appellate Division, and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an" order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 17,1902, sustaining plaintiff’s exceptions, ordered to be heard in the -first instance by the Appellate Division, and granting a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. If Iinrtz had a principal the principal cannot be reached in any form of action because the only obligation that exists is tho obligation created by the bond itself, and when an instrument is under seal the plaintiff cannot prove any…
1Opinion of the Court
Parker, Oh. J.
Upon this review the complaint must be accepted as true and from it it appears that plaintiff became surety on a bond executed by John M. Kurtz to the People of the state of New York in the sum of $1,000, the condition being that if a liquor tax certificate should be granted to Kurtz he would not permit any gambling upon the licensed premises, etc. The certificate was issued to Kurtz, and subsequently a judgment was entered against Kurtz and this plaintiff as principal and surety on the bond- for a breach of the condition in that Kurtz had maintained on the licensed premises a…
2Cited by8 opinions
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.New York Court of Appeals · 1905
- Post Pub. Co. v. ButlerCourt of Appeals for the Sixth Circuit · 1905
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. HaaslocherAppellate Division of the Supreme Court of the State of New York · 1905
- City Trust v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Cullinan v. Fidelity & Casualty Co.New York Supreme Court · 1903
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