Legal Opinion

Blake v. National Surety Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1918Published

Appeals by the defendant, National Surety Company, in each action from judgments in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 15th day of December, 1917, upon verdicts of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case, and also from orders entered in said clerk’s office on the 14th day of December, 1917, denying defendant’s motion for a new trial in…

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Appeals by the defendant, National Surety Company, in each action from judgments in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 15th day of December, 1917, upon verdicts of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case, and also from orders entered in said clerk’s office on the 14th day of December, 1917, denying defendant’s motion for a new trial in each case made upon the minutes.

1Opinion of the Court

Laughlin, J.:

The recovery in each action was against defendant as surety on a bond for $10,000 executed by the administratrix of the estate of Frank E. Waters, deceased, and it as surety on the 8th day of November, 1911, and for the amount decreed in favor of the plaintiffs in the respective actions by a decree of the Surrogate’s Court .of New York county made on the 5th day of July, 1917, in a proceeding for the voluntary settlement of the accounts of the administratrix, who was the widow of the decedent and to whom letters of administration had been duly issued on the 24th day of November,…

2Cases cited6 opinions

  1. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  2. In Re the Estate of KillanNew York Court of Appeals · 1902
  3. In re the Judicial Settlement of the Account of WatersAppellate Division of the Supreme Court of the State of New York · 1918
  4. City of New York v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1917
  5. Cookman v. StoddardAppellate Division of the Supreme Court of the State of New York · 1909

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