Trustees of Village of Bath v. McBride
Appellate Division of the Supreme Court of the State of New York
Appeal, in the first action, by the defendants, Daniel J. McBride and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 6th day of October, 1913, upon the decision of the court after a trial before the court at the Steuben Trial Term, a jury having been waived.
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Appeal, in the first action, by the defendants, Daniel J. McBride and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 6th day of October, 1913, upon the decision of the court after a trial before the court at the Steuben Trial Term, a jury having been waived. Appeal, in the second action, by the defendants, Daniel J. McBride and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 8th day of October, 1913, upon the…
1Opinion of the Court
Lambert, J.:
The plaintiff respondent, is incorporated under a special act (Laws of 1895, chap. 785, as amd.) and these actions are properly brought in the name of the trustees.
The appellant McBride was elected treasurer of the village of Bath, March 5, 1912. He accepted such office, filed the undertakings upon which these actions are brought, and continued in office until June 18, 1912, when he resigned.
The other appellants are sureties upon the official -undertakings of this treasurer. Such undertakings were given for the sums of $10,000 and $15,000 respectively, and upon them judgment has…
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