New York Court of Appeals

Louis Ettlinger, Respondent v. National Surety Company, Appellant

November 13, 1917221 N.Y. 467

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that a surety cannot assert as a defense the fraud that induced the principal's contract unless the principal repudiates that contract. The fraud defense is therefore unavailable to the surety in this case.