Plummer v. Bankers Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, ninth district, borough of Manhattan, in favor of the defendant, The Bankers Surety Company.
1Opinion of the CourtFitzgerald, J.
Action upon the statutory bond of an auctioneer, which bond was in full force in December, 1904, at which time George E. Shaw and George Plummer were engaged in a copartnership for the purpose of selling goods at auction. Plaintiff’s silverware was sold at their sales, at one of which she was present, and about the sum of $200 was realized from the sale of her' property. This money has not been paid over, and action is brought against the surety to recover upon the bond for the alleged breach of the principal’s contract. At the close of plaintiff’s ease, upon motion, judgment for defendant…
2Cases cited1 opinion
- Gregory v. United States Fidelity & Guaranty Co.New York Supreme Court · 1904
3Cited by1 opinion
- Dolph Clothiers, Inc. v. Salomon (In re Martin Fein & Co.)District Court, S.D. New York · 1983