Schuyler v. Englert
New York Court of Common Pleas
Appeal from an order of the general term of the Marine Court of the City of New York reversing a judgment of that court entered upon a trial by the court without a jury and ordering a new trial.
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Appeal from an order of the general term of the Marine Court of the City of New York reversing a judgment of that court entered upon a trial by the court without a jury and ordering a new trial. In July, 1879, an action having been commenced by the defendant Michael Englert against one August G. Genez, an application was made for an order of arrest against said Genez, and upon such application an undertaking executed by all the defendants herein in the manner and form required by the Code was offered and accepted by the judge to whom the application was made, who thereupon issued an order of…
1Opinion of the CourtVan Brunt, P. J.
[After stating the facts as above.]— The ground upon which the appellant bases his appeal is, that although the plaintiff’s assignor stipulated not to sue for false imprisonment or malicious prosecution, he did not release any right of action upon the undertaking which he had acquired by reason of the vacatur of the order of arrest. That the setting aside of the order of arrest was a final decision within the terms of the undertaking, that the plaintiff was not entitled to the order of arrest, seems to me to be certain, because it is the only determination which can be made where the ground…
2Cited by4 opinions
- Squire v. McDonaldNew York Court of Common Pleas · 1893
- Allaire v. KalfonAppellate Division of the Supreme Court of the State of New York · 1897
- Rothnell v. PaineCity of New York Municipal Court · 1886
- Rothwell v. PaineNew York Court of Common Pleas · 1886