Fitzgerald v. American Surety Co.

The plaintiffs sue as assignees of a cause of action which their assignor, Milton ft. McGregor, has against the defendant third-party plaintiff by reason of an undertaking given upon an order of arrest procured by the third-party defendant in a Supreme Court action which action resulted in summary judgment for the plaintiffs ’ assignor and the discharge of said order of arrest. The undertaking is in the form prescribed by section 835 of the Civil Practice Act, and the plaintiffs, as assignees, sue the American Surety Company upon the undertaking for the sum of $1,500 to recover the fair and…