Damiano Musco, Respondent v. United Surety Company, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that Chapter 185 of the Laws of 1907 is a valid exercise of state police power, does not violate the federal commerce clause, and that the principal and surety waived any constitutional challenge by executing the required bond. Consequently, the plaintiff's complaint sufficiently states a cause of action on the bond.