Alexander v. Union Surety & Guaranty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Union Surety and Guaranty Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of June, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for the breach of a' bond given by a trustee in bankruptcy with the defendant as surety. The complaint alleges, in substance, that on the 25th of April, 1900, one William R. Smith, doing business under the name of Worthington, Smith & Co., was duly adjudicated a bankrupt in the United States District Court for the Southern District of New York, and William E. Hardt elected trustee in bankruptcy of said bankrupt’s estate; that Hardt qualified as such trustee by giving the bond required, with the defendant as surety; the bond was under…
2Cases cited4 opinions
- Henricus v. . EnglertNew York Court of Appeals · 1893
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Otto v. . Van RiperNew York Court of Appeals · 1900
- Fuller v. FullertonNew York Supreme Court · 1852
3Cited by8 opinions
- Van Tuyl v. New York Real Estate Security Co.Appellate Division of the Supreme Court of the State of New York · 1912
- United States v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
- Bosler v. United StatesCourt of Appeals for the Eighth Circuit · 1928
- United Strates ex rel. Throckmorton v. RugglesCourt of Appeals for the Sixth Circuit · 1915
- Strassler v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1916
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