Mattone v. Illinois Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Francesco Mattone against the Illinois Surety Company* From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtGuy, J.
The action was brought upon a bond given by one Pesce and the defendant, as surety, under chapter 185, Raws 1907, as amend*237ed by chapter 479, Laws 1908. Pesce conducted a private bank. Plaintiff was a depositor to the amount in suit. In April or May, 1909, according to the testimony, Pesce absconded, and his bank closed. The bond is to secure the obligation of Pesce, among other things, “to repay any money received on deposit as provided” by said laws herein-above cited, and to “duly account for and promptly pay the moneys or equivalent thereof received by him as aforesaid.” It is conceded…
2Cited by2 opinions
- Kanter v. CrimminsNew York Supreme Court · 1976
- Weisman v. CommissionerUnited States Tax Court · 1984