Consentino v. . Illinois Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 4, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There is absolutely no evidence in this case to prove that the money was not transmitted ‘to the Bank of Rome.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 4, 1912, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. There is absolutely no evidence in this case to prove that the money was not transmitted ‘to the Bank of Rome. (Baltimore R. R. Co. v. State, 71 Md. 590; Moore on Facts, §§ 33, 34, 590; Stevens v. Stevens, 72 N. H. 360; Shotwell v. Dixon, 163 N. Y. 43.) The instrument sued upon in this action…
1Opinion of the CourtChase, J.
The defendant on August 6,1907, as surety, executed with one Antonio G-agliano as principal, a bond to the People of the State of New York, which recites that G-agliano “ Is engaged in or is about to engage in the selling of steamship or railroad tickets for transportation to or from foreign countries, and in conjunction with said business carries on, or is about to carry on, the business of receiving deposits of money for the purpose of transmitting the same or the equivalent thereof to foreign countries, and is required to make, execute and deliver a bond pursuant to Chapter 185 of the laws…
2Cases cited2 opinions
- Guffanti v. . National Surety Co.New York Court of Appeals · 1909
- Musco v. . United Surety Co.New York Court of Appeals · 1909
3Cited by2 opinions
- Bratspies v. BarrettAppellate Division of the Supreme Court of the State of New York · 1925
- Hoechster v. State Commercial & Savings BankAppellate Court of Illinois · 1923