Central Hanover Bank & Trust Co. v. National Surety Corp.

Defendant surety corporation challenges the sufficiency of the complaint and moves for its dismissal. A brief review of the facts which are undisputed discloses that in February, 1931, plaintiff commenced an action to foreclose a consolidated first lien on certain hotel premises in New York city, and a receiver was appointed of the rents and profits of the premises. A bond conditioned for the faithful performance of the receiver’s duties was written by the defendant surety and filed. Immediately thereupon the receiver entered into possession and so continued until the conclusion of the…