American Surety Co. v. Thurber
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Suffolk county. Application of the American Surety Company of Rew York in the matter of the estate of Edmund G-. Thurber, an incompetent, to be relieved as surety on the bond of Fannie C. Thurber, the committee (or said incompetent’s estate. From an order denying the application, the company appealed.
1Opinion of the Court
PEB CURIAM.
The contract entered into by and between Fannie C. Thurber and the surety company was not a contract of surety-ship, and is not, therefore, subject to the strict rules of interpretation which apply to such contracts. It was a contract for a specified period of time, and was founded upon a valuable consideration. The contract of suretyship under which the surety company became liable to the estate of which Fannie C. Thurber was the committee was an entirely different contract, and one with which we are not now called upon to deal, as the liabilities assumed thereunder are not…
2Cited by1 opinion
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