Squire v. McDonald
New York Court of Common Pleas
Appeal from trial term. ■ Action by Newton Squire against Peter H. McDonald and others to recover on an undertaking given to obtain an order of arrest, pursuant to the provisions of Code Civil Proc. § 559. From a judgment for plaintiff, entered upon a verdict directed by the court, defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
-Plaintiff sued upon an undertaking given to obtain an order for his arrest in an action by one Homer Lee, pending in the supreme court, to recover damages for the alleged conversion of personal property, which was to the effect required by section 559 of the Code of Civil Procedure, that “the plaintiff will pay all costs which may be awarded to the defendant, and all damages which he may sustain by reason of the arrest,” not exceeding the amount specified, “if the defendant recovers judgment, or if it is finally decided that the plaintiff was not entitled to the order of arrest.” At the time…
2Cases cited1 opinion
- Schuyler v. EnglertNew York Court of Common Pleas · 1882
3Cited by4 opinions
- Krause v. RutherfordNew York Supreme Court · 1902
- Silverstein v. RugieroAppellate Terms of the Supreme Court of New York · 1899
- Allaire v. KalfonAppellate Division of the Supreme Court of the State of New York · 1897
- Squire v. SeniaNew York Court of Common Pleas · 1893