Guffanti v. . National Surety Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1909, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1909, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The following questions were certified : “ 1. Does the plaintiff’s complaint, upon the face thereof, state facts sufficient to constitute a cause of action 3 “ 2. Should the demurrer of the defendant National Surety Company be sustained upon the ground that the plaintiff cannot maintain this action as a suit in equity for the purpose of enforcing the payment…
1Opinion of the CourtChase, J.
One Zanolini was engaged in tlie city of New York in selling steamship tickets for transportation to and from foreign countries, and in conjunction with said business he carried on the business of receiving deposits of money for the purpose of transmitting the same or the equivalent'thereof to foreign countries. lie gave a bond to the People of the state of New York in the penal sum of §15,000 conditioned for the faithful holding and transmission of any and all moneys or the equivalent thereof which should be delivered to him for transmission tó a foreign country or countries, pursuant to…
2Cases cited8 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Terry v. LittleSupreme Court of the United States · 1880
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Musco v. . United Surety Co.New York Court of Appeals · 1909
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3Cited by45 opinions
- Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
- Friar v. Vanguard Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Lichtyger v. Franchard Corp.New York Court of Appeals · 1966
- Society Milion Athena, Inc. v. National Bank of GreeceNew York Court of Appeals · 1939
- Monmouth Lumber Co. v. Indemnity Insurance Co. of North AmericaSupreme Court of New Jersey · 1956
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