Appellate Division of the Supreme Court of the State of New York July 1, 1899 (Scharmann v. Schoell)

Hatch, J. :

This is an equitable action brought to charge the defendant Schoell with liability as surety upon a bond given by Sophia Froeschle as administratrix of her husband’s estate. Demurrer was interposed to the complaint, which was overruled by the Appellate Division in the first department, and leave given to answer. (Scharmanm v. Schoell, 23 App. Div. 398.