Olsen v. United States Fidelity & 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 January 21, 1919, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
His cock, Ch. J.
In an action brought against the present respondent as defendant, the appellant as surety executed an undertaking as a condition of the issuance of a warrant of attachment against the former’s property. This undertaking was in the ordinary form and was conditioned, amongst other things, for the payment of all damages which the defendant in said action might sustain by reason of the attachment, not exceeding $5,000. Subsequently under the warrant of attachment a levy was made upon valuable property and still later, after a trial upon the merits, judgment was rendered in favor…
2Cases cited9 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Newton v. . RussellNew York Court of Appeals · 1882
- Hovey v. . the Rubber-Tip Pencil Co.New York Court of Appeals · 1872
- Tyng v. . American Surety Co.New York Court of Appeals · 1903
- Northampton National Bank v. WylieNew York Supreme Court · 1889
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3Cited by15 opinions
- Thropp v. ErbNew York Court of Appeals · 1930
- Clarke v. Fidelity & Casualty Co.New York Supreme Court · 1967
- A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
- Leland v. MorinDistrict Court, S.D. New York · 1952
- Reitmeister v. ReitmeisterAppellate Division of the Supreme Court of the State of New York · 1948
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