In re Fidelity & Deposit Co. of Maryland

Appellate Division of the Supreme Court of New York

In re Fidelity & Deposit Co. of Maryland

84 N.Y.S. 1125

Appellate Division of the Supreme Court of the State of New York·Decided November 11, 1903·Published

Opinion

PER CURIAM.

Motion granted, and the following questions certified: (1) As between the sureties on all the bonds mentioned in the record, was the appellant first and primarily liable on the last appeal bond? (2) The appellant being surety on the appeal bonds, can it require contribution from sureties on the original bond of the committee, or from the estates of such persons, even if the amount paid by the appellant was in form paid on the bond given by the committee as such, and not on the appeal bonds?

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PER CURIAM.

Motion granted, and the following questions certified: (1) As between the sureties on all the bonds mentioned in the record, was the appellant first and primarily liable on the last appeal bond? (2) The appellant being surety on the appeal bonds, can it require contribution from sureties on the original bond of the committee, or from the estates of such persons, even if the amount paid by the appellant was in form paid on the bond given by the committee as such, and not on the appeal bonds?

In re Fidelity & Deposit Co. of Maryland, 84 N.Y.S. 1125 (N.Y. Ct. App. 1903).

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