12 Misc. 77 | New York Court of Common Pleas | 1895
The complaint in the action between ThomasNevins and the Fidelity & Casualty Company described in the petition sets forth an agreement between Nevins and this petitioner,. Mason, on July 28, 1893, by which the plaintiff agreed to sell to Mason certain real property for the sum of $123,500, to be paid for by Mason taking the premises subject to existing mortgages for $83,500, paying $500 cash, and giving his bond and a mortgage ore the premises for $40,000; the agreement providing that Mason should pay the plaintiff out of the rents of the premises $600 per month as a fund to pay the interest on the mortgages and the taxes, and that Mason should procure a bond from a surety company to secure the payment of such monthly sum. The complaint then sets forth that the Fidelity & Casualty Company executed a bond accordingly; that the deed to Mason was thereafter delivered,, and he went into possession, and collected the rents for the month of September, 1893, amounting to $436.50, which he omitted to pay to the plaintiff, and for which the plaintiff demands judgment against the company. The petitioner, Mason, named in the complaint as the party furnishing the bond of the surety company,, now applies to be made a party tó that action, in order to protect