Harrison v. . Wilkin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of defendants, entered upon the report of a referee. This action was brought against defendants as sureties upon an undertaking hereinafter set forth. The referee found the following facts: On or about June 27, 1870, defendants executed the following instrument: “SUPREME COURT.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of defendants, entered upon the report of a referee. This action was brought against defendants as sureties upon an undertaking hereinafter set forth. The referee found the following facts: On or about June 27, 1870, defendants executed the following instrument: “SUPREME COURT. The Rochester Water Works Company, ag’st James Jones, Henry Jones and Charles Harrison. . Whereas, the plaintiff claims the delivery of ninety thousand pounds of cast iron water pipe: Now,…
1Opinion of the CourtMiller, J.
The undertaking upon which this action was brought was apparently executed to enable the- plaintiff in the action in which it was entitled to obtain possession of the property therein described, under the provision of § 209 of the Code of Procedure. The defendants here had no knowledge that the property was not in the possession of the defendants in the action brought, and- that no delivery of the same could be had by the sheriff; nor that proceedings were not to be had or taken in pursuance of law, applicable to such cases; nor that said undertaking was not to be used, and was not used to…
2Cases cited2 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Nickerson v. ChattertonCalifornia Supreme Court · 1857
3Cited by8 opinions
- Kennedy v. BrownSupreme Court of Arkansas · 1878
- Severson v. . MacOmberNew York Court of Appeals · 1914
- Williams v. HitchcockWashington Supreme Court · 1915
- Harrison v. . WilkinNew York Court of Appeals · 1879
- Farley v. SchernoAppellate Division of the Supreme Court of the State of New York · 1911
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