Cohen v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment in favor of the plaintiff, entered on the 21st day of January, 1909, upon a verdict directed by the court, and also, from an order entered on the 19th day of January, 1909. Judgment and order affirmed, with costs, on Cohen v. American Surety Co. (123 App. Div. 519; S. C., 192 H. Y. 227). Present—Patterson, P. J., McLaughlin, Laughlin, Houghton and Scott, JJ. (Dissenting opinion by Laughlin, J.; Scott, J., concurring.)
1Opinion of the Court
Laughlin, J. (dissenting):
The recovery against the defendant is upon an undertaking given by it on the 13th day of August, 1901, as surety for one Buckmaster, as assignee for the benefit of creditors of one Leo, who duly made an assignment for the benefit of creditors pursuant to the laws of the State of Héw York on the ninth day of May that year. On a petition of certain creditors Lee was thereafter, and on the 23d day of September, 1901, duly adjudged a bankrupt by the District Court of the United States for the Southern District of Hew York, on a petition duly filed for that purpose on the…
2Cases cited1 opinion
- Cohen v. American Surety Co. of New YorkNew York Court of Appeals · 1908
3Cited by1 opinion
- Rothwell v. KnightWyoming Supreme Court · 1927