Flynn v. . Union Surety Guaranty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s requests to dismiss, based upon the service of the summons being bad, should have been granted.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s requests to dismiss, based upon the service of the summons being bad, should have been granted. (Page v. Shainwald, 52 App. Div. 349; Penal Code, § 268; L. 1897, ch. 614, § 41.) The statute declaring the first Monday of September,…
1Opinion of the CourtHaight, J.
The plaintiff had recovered a judgment against one Bernard J. Tinney for conversion and an execution thereon had been issued against his person, upon which he had been committed to jail. Tinney as principal and the defendant as surety .gave a bond to the sheriff in the usual form, upon which Tinney was admitted to the jail limits. Tinney subsequently departed from the limits and was absent therefrom on the third day of September, 1900, on which day this action was brought upon the bond for the amount due and unpaid upon the execution by the service of the summons personally upon Francis…
2Cases cited3 opinions
- Page v. . ShainwaldNew York Court of Appeals · 1901
- Walton v. . StaffordNew York Court of Appeals · 1900
- Didsbury v. Van TasselNew York Supreme Court · 1890
3Cited by7 opinions
- In re the Estate of KennedyNew York Surrogate's Court · 1934
- In re FunkhouserNew York Supreme Court · 1935
- Klein Bros. & Co. v. German Union Fire InsuranceNew York Supreme Court · 1910
- Cohn v. TownsendNew York Supreme Court · 1905
- Doty v. Baltimore Trust Co.New York Supreme Court · 1933
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