Douglass v. . Haberstro
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term exonerating the defendant as official bail in an action brought by the plaintiff against one William T. Warren. (Reported below, 21 Hun, 320.) The action against Warren was for the conversion of ¡moneys collected by him in a fiduciary capacity.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term exonerating the defendant as official bail in an action brought by the plaintiff against one William T. Warren. (Reported below, 21 Hun, 320.) The action against Warren was for the conversion of ¡moneys collected by him in a fiduciary capacity. The plaintiff caused him- to be__ arrested by the sheriff, who took from him bail; they were excepted to and failed to justify. The plaintiff recovered judgment against Warren, and issued an execution against property, which…
1Opinion of the CourtDanforth, J.
The circumstances disclosed upon this proceeding were enough to call for the action of the Special Term, and the order there made shows upon its face that it was granted, not as a matter of right but of favor, for it was available to the defendant only upon his complying with certain substantial conditions thereby imposed. Its terms- make plausible the appellant’s contention, that if the" conditions were performed and the judgment debtor again placed in custody, the end of the law, which, at the beginning of the action, permitted his arrest, would have been answered; but the order was subject…
2Cases cited2 opinions
- Liddell v. . PatonNew York Court of Appeals · 1876
- Col. Insurance v. ForceNew York Supreme Court · 1853
3Cited by4 opinions
- Donovan v. CornellNew York Court of Common Pleas · 1885
- Haberstro v. BedfordNew York Supreme Court · 1887
- Haberstro v. BedfordNew York Supreme Court · 1887
- Lowenthal v. LowenthalNew York Supreme Court · 1893