Sloan v. National Surety Co. — 188 N.Y. 596

Majority

p. 596

Augustus K. Sloan, Respondent, v. National Surety Company, Appellant.

(Argued April 10, 1907;

decided April 30, 1907.)

Headnote

Sloan v. National Surety Co., 111 App. Div. 94 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 9, 1906, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial in an action to recover upon two indemnity bonds.

William B. Ilornblower, Charles A. Boston and William . J. Griffin for appellant.

Albert R. Ilager for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: Cullen, Ch. J., O’Brien, Haight, Yann, ITiscook and Chase, JJ. Not sitting : Edward T. Bartlett, J.