City of New York v. National Surety Co.

Headnote

Surety bonds — undertaking — interest — liability of surety on undertaking on appeal to pay interest on judgment from date of entry.

City of New York v. Nat. Surety Co., 214 App. Div. 705 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 13, 1925, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term granting a motion by plaintiff for summary judgment. The action was to recover on a surety bond given as undertaking on appeal and providing for payment of “ the sum recovered or directed to be paid by the judgment,” and “ all costs and damages * * * not exceeding Five Hundred Dollars.” The question was whether defendant was obligated to pay interest on the amount of the judgment from the date of its entry, the defendant contending that it was not liable to pay interest thereon between the dates of entry of the judgment and ten days subsequent to the service upon the surety company of formal notice of affirmance.