148 N.Y.S. 1072 | N.Y. Sup. Ct. | 1914
This is a motion to confirm a report of a referee duly appointed by an interlocutory judgment herein to ascertain the names of the creditors of Abraham Hayden and the amounts due to them for moneys deposited with him for safe-keeping or for transmission abroad in order to determine the liability of his surety, the defendant herein, upon a bond given pursuant to chapter 185 of the Laws of 1907 and chapter 479 of the Laws of 1908. The only question of law raised by the defendant in opposition to the motion is whether or not the defendant is liable upon its bond for money deposited with Hayden since the enactment of the General Business Law of the Consolidated Laws of 1909, which repealed the statute pursuant to which the bond in suit was given (Laws of 1908, chap. 479) and re-enacted it in identically the same language. Gen. Business Law, art. 10. The defendant relies upon the case of Vidi v. United Surety Co., 155 App. Div. 502, holding in effect that the amendment of the law by chapter 479 of the Laws of 1908 repealed the original statute, chapter 185 of the Laws of 1907, and terminated the liability of the surety upon a bond given under the old statute for deposits made since the repeal. An inspection of the
Ordered accordingly.