Appellate Division of the Supreme Court of the State of New York April 15, 1900 (French v. Graves)

Hatch, J.:

This action was brought to recover a sum secured to be paid by a certain bond conditioned to pay the sum of $3,000, executed by the defendants and delivered to the plaintiff’s assignor. The substantial facts surrounding the transaction, resulting in the delivery of the bond, are that the defendant Graves, prior to March, 1895, had collected moneys for Thomas H.