Tully v. Lewitz
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, third district, borough of Manhattan, rendered for the plaintiff in an action against the alleged surety upon an instrument purporting to be an undertaking, given upon the principal’s discharge from custody in proceedings before one of the police magistrates, which terminated in the principal’s conviction as a disorderly person in that he abandoned his wife, leaving her without.adequate…
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Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, third district, borough of Manhattan, rendered for the plaintiff in an action against the alleged surety upon an instrument purporting to be an undertaking, given upon the principal’s discharge from custody in proceedings before one of the police magistrates, which terminated in the principal’s conviction as a disorderly person in that he abandoned his wife, leaving her without.adequate means of support.
1Opinion of the CourtBischoff, J.
The action was against the alleged surety upon an instrument, partly written and partly printed, dated the 30th of March, 1905, which recited that one Sam Lewitz was “ duly convicted by Joseph Pool, one of the city magistrates in and for said city” of Hew York, “of.being a disorderly person, that is to say, a person who has threatened to abandon and has abandoned his wife in said city without adequate support, and left her in danger of becoming a burden upon the public, and has neglected to provide according *352to his means for his said wifeand that, “ hy an order made by said city magistrate,…
2Cases cited8 opinions
- People v. KaneNew York Supreme Court · 1847
- New-York African Society for Mutual Relief v. VarickNew York Supreme Court · 1816
- County of Bay ex rel. Houghtaling v. BrockMichigan Supreme Court · 1880
- Champlain v. . the PeopleNew York Court of Appeals · 1848
- Wiser v. BlachlyNew York Court of Chancery · 1815
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3Cited by3 opinions
- Kleinschmidt v. ScribnerIdaho Supreme Court · 1934
- Cubita v. Westchester Furniture ExchangeMount Vernon City Court · 1976
- In re Estate of KroogNew York Surrogate's Court · 1915