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In re Fidelity & Deposit Co. of Maryland

In re FIDELITY & DEPOSIT CO. OF MARYLAND. In the matter of the application of the Fidelity & Deposit Company of Maryland for leave to commence an action against George H. Stevens, as committee of the person and estate of Nancy C. Warner, an incompetent person

In re Fid. & Deposit Co. of Md., 84 N.Y.S. 1125 (1903)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 11, 1903
Citations
84 N.Y.S. 1125

Opinion of the Court

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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?

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