Guffanti v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Giovanni Guffanti, suing on behalf of himself, etc., from an interlocutory judgment of the Supreme Court in favor of the defendant, National Surety Company, entered in the office of the clerk of the county of New Fork on the 9th day of .April, 1909, upon the decision of the court, rendered after a trial at the New Fork Special Term, as resettled by an order entered in said clerk’s office on the 13tbday of April, 1909, sustaining the said defendant’s…
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Appeal by the plaintiff, Giovanni Guffanti, suing on behalf of himself, etc., from an interlocutory judgment of the Supreme Court in favor of the defendant, National Surety Company, entered in the office of the clerk of the county of New Fork on the 9th day of .April, 1909, upon the decision of the court, rendered after a trial at the New Fork Special Term, as resettled by an order entered in said clerk’s office on the 13tbday of April, 1909, sustaining the said defendant’s demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
The. complaint alleges in substance that the plaintiff deposited With the defendant Zanolini $600 for transmission to a person in Italy, and that Zanolini converted it to his own use, has since been declared a bankrupt and has .absconded.
The action is brought to recover upon a bond given by Zanolini *611and the National Surety Company as surety, pursuant to chapter 185 of the Laws of 1907. The plaintiff brings the action in equity on behalf of himself and all other creditors of Zanolini similarly situated who may join in the action, alleging that there are more ■than 150 of such…
2Cases cited6 opinions
- Terry v. LittleSupreme Court of the United States · 1880
- Mathez v. . NeidigNew York Court of Appeals · 1878
- Kittel v. . DomeyerNew York Court of Appeals · 1903
- Musco v. United Surety Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Campbell v. WatkinsTennessee Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Illinois Surety Co. v. MattoneAppellate Division of the Supreme Court of the State of New York · 1910
- Phillips v. SemingsonNorth Dakota Supreme Court · 1913
- Price v. PriceWest Virginia Supreme Court · 1940
- Piper-Howe Lumber Co. v. PadgettNorth Dakota Supreme Court · 1927
- Lordi v. People's Surety Co.Appellate Terms of the Supreme Court of New York · 1910
3 more not listed; retrieve them via the Exa API.