Culliford v. . Walser
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 13, 1896, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 13, 1896, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived. This action was brought for the recovery of the sum of $1,000, with interest, upon an undertaking given by defendants as bail to discharge one Montgomery G-add from arrest in an action instituted against him by this plaintiff. The facts, so far as material, are stated in the opinion. The primary liability rests upon the later sureties.…
1Opinion of the Court
Parker, Ch. J.
The facts, so far as they need be stated in order to present the point we are to decide, are as follows: Culliford, this plaintiff, in a civil action against Gadd, obtained an order of arrest; to secure the latter’s discharge therefrom Walser and McHugh (these defendants) became bail in the sum of one thousand dollars that Gadd would at all times, render himself amenable to the process of the court during the pendency of the action and to any mandate issued to enforce the final judgment against him; the result of the action was a judgment in favor of the plaintiff in the sum of…
2Cases cited3 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Pott v. NathansSupreme Court of Pennsylvania · 1841
- Chester v. . BroderickNew York Court of Appeals · 1892
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