Avey v. American Surety Co.
New York Supreme Court
1Opinion of the CourtLarkin, J.
In 1926 the plaintiff and one Nordblum were, respectively, supervisor and tax collector of the town of Brant. Nordblum gave a bond for the faithful performance of his duties, with the defendant as his surety. While this bond, in terms, ran to the plaintiff, as supervisor, it was in reality security to the town of Brant that the collector would account to it for all taxes which he received.
The defendant previously moved, upon the original complaint, for judgment, upon the grounds that it did not state a cause of action, and that the defendant had been released of liability. That motion was…
2Cases cited6 opinions
- Pittsburgh-Westmoreland Coal Co. v. . KerrNew York Court of Appeals · 1917
- Dunlop v. . JamesNew York Court of Appeals · 1903
- National Surety Co. v. National City Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1918
- First Taxing District v. National Surety Co.Supreme Court of Connecticut · 1922
- Thorn & Hunkins Lime & Cement Co. v. Citizens BankSupreme Court of Missouri · 1900
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3Cited by1 opinion
- Avey v. American Surety Co.New York Supreme Court · 1930