City of New York v. National Surety Co.

McAvoy, J. (dissenting):

Notwithstanding the hardship upon the city which once was assured by two bondsmen and now is left with none, I believe the well-founded surety law requires that this order should be reversed and, therefore, I dissent. The city sued the Brooklyn, Queens County and Suburban Railroad Company for the cost of repaving Jamaica avenue and recovered a judgment of $70,913.95 in November, 1912. The defendant railroad company appealed from the judgment and gave an undertaking on appeal by this defendant, the National Surety Company, which was in the usual form, to the effect that…