New-York Central Insurance v. National Protection Insurance
New York Supreme Court
Motion, by defendants, to set aside the summons- and complaint in the last above cause, on the ground that leave to prosecute the undertaking on which it was brought had not been granted by the court; also, to stay proceedings therein until the decision of the court of appeals in the first above cause.
1Opinion of the Court
Cady, Justice.
In March, 1854, judgment was rendered in favor of the plaintiffs in the first of the above causes, and the defendants appealed to the general term of the supreme court; and, upon that appeal, the defendants in the last of the above entitled causes entered into an undertaking, as is required by law, to stay proceedings on said judgment. That judgment was affirmed in the supreme court about the 27th of July, 1854, and the amount of damages and costs were $2,456.43. On the 7th of August, 1854, the National Protection Insurance Company appealed from the said judgment to the court of…
2Cases cited1 opinion
- Rhinelander v. MatherNew York Supreme Court · 1830
3Cited by2 opinions
- Beddow v. FlageNorth Dakota Supreme Court · 1910
- Niles v. BattershallThe Superior Court of New York City · 1863