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HAROCO CO., INC. v. NAT'L SUR. CORP.

283 A.D. 921 (1954)

Haroco Company, Inc., Respondent, v. National Surety Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 11, 1954.

Per Curiam.

In the absence of a showing of fraud or collusion the compensated surety is liable for the judgment recovered in the action in accordance with the terms of its bond. However, the judgment is "only prima facie evidence against the surety" (Brescia Constr. Co. v. Walart Constr. Co., 245 App. Div. 105, 108). It appears from the record that $500 of the amount of the judgment recovered does not stem from a liability owed by the principal...

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