Show BntierHelil vs Bloch E L Butterfield vs the Mountain Ice and Cold Storage company and B K Bloch appellant judgment of the lower court affirmed Judge Smith delivered de-livered the opinion which was concurred concur-red in by Judges Bartch and King On May 7 1892 plaintiff brought suit against the defendant company in Justice Jus-tice Gees court Fourth precinct and judgment was entered In his favor for 275 and 1850 costs Four days later the defendants filed an undertaking on appeal upon which the defendants Bloch and Hell became sureties The point on which the case turned was a narrow one and arose upon the pleadings Bloch who is the actual appellant though not so shown in the caption of the appeal alleges that he signed the appeal bond with the express ex-press understanding that i was not to be used until and unless the principal should sign i but that it was used indirect in-direct contravention of this agreement The answer then made was stricken out by the district court a a sham and frivolous and judgment given upon up-on the pleadings s and hence the appeal ap-peal |