Tyng v. . American Surety Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1902, affirming, a judgment in favor of plaintiff entered upon a verdict 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 4, 1902, affirming, a judgment in favor of plaintiff entered upon a verdict 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. Counsel fees in an unsuccessful attempt to vacate an attachment in an action where the grounds fur the attachment are extrinsic the cause of action, should not have been allowed. (State v. Heckart, 62 Mo. App. 427 ; Randall v. Carpenter, 88 N. Y. 293 ; Lyon v. Hersey, 32…
1Opinion of the CourtGray, J.
The action is on an undertaking of the defendant for $250; which was given upon the granting of a warrant of attachment at the suit of one Kelly, plaintiff, in an action against the plaintiff’s assignor. That action was based upon a contract and issue was joined upon the merits. The attachment was, then, applied for by Kelly, on the ground of the non-residence of the defendant and, being granted, a levy was made upon certain funds in banks. The defendant moved to vacate the attachment, upon her affidavit that the moneys attached were not her moneys, but were held by her as an executrix. The…
2Cases cited3 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Edwards v. BodineNew York Court of Chancery · 1844
- Ball v. GardnerNew York Supreme Court · 1839
3Cited by18 opinions
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Breed, Abbott & Morgan v. HulkoAppellate Division of the Supreme Court of the State of New York · 1988
- Thropp v. ErbNew York Court of Appeals · 1930
- Lavorato v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Plymouth Gold Mining Co. v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1907
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