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.