Peoples Bank of Hamburg v. C. L. Gates, Inc.

This is an appeal from a.n order of the Special Term denying a motion, made by defendant Columbia Casualty Company, for a dismissal of the amended complaint on the ground that it does not state a cause of action against said company.

The important facts, as gathered from the amended complaint, are as follows: The defendant C. L. Gates, Inc., desiring to borrow $15,000 from the plaintiff, was required to secure the payment of its note, given therefor, by a bond. Defendant Columbia Casualty Company, for a premium paid to it, issued and delivered *329its bond as such security. The note and bond were…