People v. Metropolitan Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by B.. Grant Johnston, pótitioner, from an order of the Supreme Court,, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 13th day of July, 1911, denying a motion that certain moneys he paid over to he applied upon an execution, and directing that the matter he referred to a referee to take testimony and report to the court.
1Opinion of the Court
Houghton, J.:
The- appellant leased! to the Jamestown Exposition Excursion and! Steamboat Company a steamship for the period of seven months, beginning the 1st day of May* 190J, at a rental of $9-00 per month, payable monthly, and the lessee also agreed to pay certain charges'- and keep- the vessel in repair. The lease contained a clause that the charterer should furnish a bond in the sum of $2,500 to guarantee the faithful performance of the- contract of leasing; Thereupon the defendant, The Metropolitan Surety Company, executed such bond at the request of the exposition company, which…
2Cases cited5 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Belloni v. . FreebornNew York Court of Appeals · 1875
- Vail v. . FosterNew York Court of Appeals · 1850
- Riggs v. WhitneyNew York Court of Common Pleas · 1860
- Tyler v. HildrethNew York Supreme Court · 1894
3Cited by2 opinions
- In re the Liquidation of New York Surety Co.New York Supreme Court · 2001
- People v. Metropolitan Surety Co.Appellate Division of the Supreme Court of the State of New York · 1911