Hudson-Fulton Celebration Committee v. Hess

U.S. Circuit Court for the District of Southern New York

Hudson-Fulton Celebration Committee v. Hess

173 F. 797, 1909 U.S. App. LEXIS 5913

U.S. Circuit Court for the District of Southern New York·Decided September 29, 1909·Published

Opinion

LACOMBE, Circuit Judge.

The order merely required the complainants to “file a bond in the sum of $5,000 to secure payment.” Nothing was prescribed as to the form, whether it should be executed by a principal and surety, or by the guarantor alone. The bond offered is a sufficient compliance with the terms of the order, and it appears, from the copy of the charter of the National Surety Company, that it has power to make such bonds.

The papers now submitted meet the criticism advanced as to proof of execution, and the bond is approved, and may be filed nunc pro tunc as of September 24, 1909.

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LACOMBE, Circuit Judge.

The order merely required the complainants to “file a bond in the sum of $5,000 to secure payment.” Nothing was prescribed as to the form, whether it should be executed by a principal and surety, or by the guarantor alone. The bond offered is a sufficient compliance with the terms of the order, and it appears, from the copy of the charter of the National Surety Company, that it has power to make such bonds.

The papers now submitted meet the criticism advanced as to proof of execution, and the bond is approved, and may be filed nunc pro tunc as of September 24, 1909.

Hudson-Fulton Celebration Committee v. Hess, 173 F. 797, 1909 U.S. App. LEXIS 5913 (circtsdny 1909).

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