Park Bingham Mining Co. v. Nevada Utah Holding Co.

Majority

p. 738

Park Bingham Mining Company, Respondent, v. Nevada Utah Holding Company, Defendant, Impleaded with George Graham Rice, Appellant.

Judgment reversed, with costs; order entered May 25, 1927, reversed, and the motion to strike out defendant’s answer and for summary judgment denied, with ten dollars costs; order entered April 29, 1927, reversed and the motion for leave to serve an amended answer granted upon condition that defendant Rice file a surety company bond in the sum of $15,000 conditioned for the payment of any judgment which the plaintiff may recover against defendant Rice in this action. No opinion. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ.