Damon v. Empire State Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, D. Everett Damon and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of February, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiffs’ case.
1Opinion of the Court
Carr, J.:
This case was submitted on March 5, 1914, without oral argument. The action was brought to recover on a surety bond. It was tried in Kings county on February 10,1910. The complaint was dismissed at the close of the plaintiffs’ proofs. Judgment of dismissal was entered on February 16, 1910, notice of appeal filed March 16, 1910, the appeal papers perfected on April 1,1910, and case ordered filed on May 13,1910. It comes now before us for consideration for the first time four years after the appeal was taken, and is then submitted without oral argument. The bond on which the action was…
2Cases cited5 opinions
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- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- United States Life Insurance v. SalmonNew York Supreme Court · 1895
- Ludekens v. PscherhoferNew York Supreme Court · 1894
- United States Life Insurance Company v. . SalmonNew York Court of Appeals · 1898
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