In re Westminster Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Westminster Realty Corporation and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the comity of Kings on the 16th day of September, 1907, adjudging the appellants guilty of contempt of court and lining them therefor, directing their imprisonment on failure to pay the fine.
1Opinion of the Court
Gaynor, J.:
In a proceeding for the discharge of á mechanic’s lien on the property of the appellant corporation, it presented and filed a bond with two sureties for the amount of the lien, and obtained an order thereon canceling the same. The president of the said corporation executed the said bond in its name. The two sureties were fraudulent. They owned no property, and their affidavits of justification, stating parcels of real estate owned by them, were false. They were obtained by one Bough who was in the business of furnishing straw bonds and bail, and there is enough in the moving papers…
2Cases cited4 opinions
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Lawrence v. HarringtonNew York Supreme Court · 1892
- Slater v. . MerrittNew York Court of Appeals · 1878
- In re HopperNew York Court of Common Pleas · 1894
3Cited by4 opinions
- Schreiber v. GardenAppellate Division of the Supreme Court of the State of New York · 1912
- Slackman v. KaufmanNew York Supreme Court · 1916
- Burns v. BurnsAppellate Division of the Supreme Court of the State of New York · 1945
- State v. ArnoldSupreme Court of Kansas · 1933