Opinion
March, 1931.
Present — Finch, Merrell, McAvoy, Martin and Sherman, JJ.
Under section 149 of the Civil Practice Act, a new and further undertaking and additional security should be furnished. The former surety having become insolvent, we think this section applies to the present situation. Order reversed, with ten dollars costs and disbursements to the appellant, and motion granted. Settle order on notice.