Yawger v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John F. Yawger, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of July, 1912, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining a demurrer to the complaint.
1Opinion of the Court
Clarke, J.:
The action is brought by the receiver of the Metropolitan Surety Company. The complaint alleges that on April 4,1905, one G-risko was elected supervisor- of the town of Cicero, 111., for the term of one year, until his successor should be elected and qualified; that under the charter .of said town the supervisor was ex officio the. treasurer, and required to give a bond, conditioned that he will faithfully account, for all moneys that may come into his hands, etc.; that on the 25th of April, 1905, Grisko, as principal, and the defendant American Surety Company, as surety, duly…
2Cases cited6 opinions
- Morley v. Town of MetamoraIllinois Supreme Court · 1875
- Hard v. . MingleNew York Court of Appeals · 1912
- Barnes v. . CushingNew York Court of Appeals · 1901
- Town of Cicero v. GriskoIllinois Supreme Court · 1909
- Hard v. MingleAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by1 opinion
- Yawger v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1913