Miano v. Empire State Surety Co.

• Benedict, J.

This action, tried before the court without a jury, was brought by the plaintiff to recover from the defendant surety company the sum of $1,261.31 and interest. The action was discontinued against the city of Hew York by consent. On May 6, 1904, one Frank' Labriola applied to the inspector of combustibles of the city of Hew York for a permit or license to use and keep ex*365plosives. Under the provisions of an ordinance of the city of blew York, approved by the mayor on May 19', 1902, such an applicant, as a preliminary to the issuance of such permit or license, was required to file…