Allen v. Commercial Casualty Insurance Co.

The opinion of the court was delivered by

Perskie, J.

The questions requiring decision on the appeal and cross-appeal from the judgment entered in the Supreme Court stem from an action by the Secretary of Agriculture against the surety on a bond filed pursuant to statute by a licensed purchaser of milk. R. S. 4:12—1, et seq.

The facts which give rise to these questions were submitted to the learned trial" judge (the late Judge Palmer) without a jury on an agreed state of facts.

From the facts so stipulated, and the record submitted, we learn that Elmer Kleppinger, trading as Farmer’s Exchange…