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City of Middletown v. Ætna Indemnity Co. of Hartford

196 N.Y. 543 Court N.Y. Decision date 1909-10-29 English

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p. 543
City of Middletown, Respondent, v. The Ætna Indemnity Company of Hartford, Connecticut, Appellant, Impleaded with Others

Headnote

Gity of Middletown v. JBtna Indemnity Go., 137 App. Div. 914 , affirmed.
(Submitted October 13, 1909;
decided October 29, 1909.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover upon a surety bond.
Frank II. Finn for appellant.
Thomas Watts for respondent.

Judgment affirmed, with costs; there being no exception ■that presents the question of the allowance of interest on the penalty of the bond; no opinion.

Concur: Cullen, Oh. J., Edward T. Bartlett, Haight, Vann, Willard Bartlett, Hisoocit and Chase, JJ.