Foo Long v. American Surety Co.
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Foo Long against the American Surety Company on an undertaking given on appeal. From a judgment entered on a verdict directed by the court in favor of defendant, and from an order denying a motion for a new trial, plaintiff appeals. Affirmed. For former report, see 16 H. Y. Supp. 424.
1Opinion of the CourtVan Brunt, P. J.
This action was brought upon an undertaking given by the defendant for one Chu Fong upon appeal to the general term upon a judgment in favor of the defendant therein. At the general term this judgment was reversed, and a new trial ordered. The plaintiff then appealed to the court of appeals from the order granting a new trial, giving a stipulation that, if the same were affirmed, judgment absolute might be rendered -against him. After the appeal was taken and the case was on the calendar of the court of appeals, but long before it was reached, the plaintiff and the defendant in that action…
2Cases cited3 opinions
- Moses v. . McDivittNew York Court of Appeals · 1882
- Gaines v. RelfSupreme Court of the United States · 1852
- Foo Long v. American Surety Co.New York Supreme Court · 1891