In re the Judicial Settlement of the Accounts of Silver

Majority

p. 762

In the Matter of the Judicial Settlement of the Accounts of Dilworth M. Silver, as Committee of the Person and Estate of Jan Kierepka, an Incompetent Person.

Motion for reargument granted* and appeal submitted upon reargument. We reach the conclusion that under the penalty sections of the two bonds and section 160 of the Civil Practice Act, the surety company should be charged with interest only from May 4, 1931, the date of the order of the court herein, rendered at Special Term. The order entered herein on January 21, 1932, is amended accordingly, on the reargument. Present ■ — ' Sears, P. J., Taylor, Edgeomb, Thompson and Crosby, JJ.