Johnson v. American Surety Co. of New York

Stonh> J.

This action is by a sheriff against the surety on the bond of his deputy. Judgment on the pleadings was ordered for defendant and plaintiff appeals.

There must he an affirmance for the simple reason that the complaint fails to show that plaintiff, obligee, has suffered any loss, or is under any liability, because of the alleged misappropriation by the deputy of the surplus money remaining in his hands after a chattel mortgage foreclosure sale which took place more than three years before this action was commenced. The complaint fails to show that plaintiff has paid to the rightful…