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Mohr v. Fidelity & Deposit Co. of Maryland

209 A.D. 900 Court N.Y. App. Div. English

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p. 900
Charles M. Mohr, Respondent, v. Fidelity and Deposit Company of Maryland, Appellant, Impleaded with Others, Defendants.

Judgment unanimously affirmed, with costs. The evidence presents a simple question of fact as to whether plaintiff was the procuring cause of the execution of bond by defendant, appellant, as surety. This issue ivas submitted to the jury in a charge to which no exception was taken, and they have found for plaintiff. The evidence is ample to ustain the verdict. Present — Kelly, P. J., Rich, Manning, Young and Kapper, JJ.