Humber v. National Surety Corp.

This is an action against a surety upon an undertaking given in a Supreme Court action pursuant to section 893 of the Civil Practice Act in connection with the issuance of an injunction pendente lite.

The plaintiff in the Supreme Court instituted three actions against the same defendant, who is the plaintiff here. The undertaking in suit was written in the second of these actions, hereinafter described as action No. 2. The pertinent portions thereof read as follows:

“ Whebeas, by order dated the 23rd day of October, 1953, the Honorable Benedict D. Dineen granted an injunction in the above…