The Howe MacHine Company, Respondent v. Ezra Farrington, Appellant

Summary

The New York Court of Appeals affirmed the judgment of the General Term, holding that the surety was liable for the five machines delivered after the bond was executed despite the plaintiff's nondisclosure of the principal's prior default. The court rejected the surety's defenses of fraud, estoppel, and lack of notice, and held that failure to enforce the plaintiff's security did not relieve the surety.