Appellate Division of the Supreme Court of New York, 1944

County of Erie v. Jeacock

County of Erie v. Jeacock
Appellate Division of the Supreme Court of New York · Decided December 29, 1944
268 A.D. 1021; 53 N.Y.S.2d 528; 1944 N.Y. App. Div. LEXIS 4700
County of Erie v. Jeacock

Opinion of the Court

Judgment and order affirmed, with costs. All concur, Harris, J., because this *1022complaint is construed to be solely on the bond. (The judgment dismisses the complaint in an action under an undertaking to recover the value of a quantity of surplus marketing administration food stamps in the possession of defendant Jeaeoek, for which he failed to account and pay over to plaintiff. The order grants defendants’ motions to dismiss.) Present — Cunningham, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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