Cabe & Hobson Ltd. v. Sterling
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of Mew York, entered upon an order made May 3, 1886, which overruled exceptions takén at the trial and directed a judgment for defendant. The nature of the action and the facts are sufficiently stated in the opinion. The undertaking given on the discharge of the prisoner Holt resolves itself into an assumpsit at common law.
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Appeal from judgment of the Superior Court of the city of Mew York, entered upon an order made May 3, 1886, which overruled exceptions takén at the trial and directed a judgment for defendant. The nature of the action and the facts are sufficiently stated in the opinion. The undertaking given on the discharge of the prisoner Holt resolves itself into an assumpsit at common law. (Toles v. Adee, 84 N. Y. 222; S. C., 91 id. 562.) The validity of the undertaking as a technical bail bond was, therefore, not necessary. (Ryan v. Webb, 39 Hun, 435.) The objection that the undertaking sued on is…
1Opinion of the CourtHaight, J.
This action was brought upon an undertaking executed by the defendant to secure the release of one William W. Holt from an order of arrest issued in a civil action. The undertaking was in the sum of $7,500, and provided that Holt “ shall at all times render himself amenable to any mandate which may be issued to enforce final judgment against him in the action.” Final judgment was entered therein on the 27tli day of May, 1882, and thereafter and on the 29th day of November, 1882, an execution was issued against the property of the judgment-debtor. Such execution having been returned…
2Cases cited7 opinions
- Toles v. . AdeeNew York Court of Appeals · 1881
- Briggs v. . OliverNew York Court of Appeals · 1877
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- Mittnacht v. . KellermannNew York Court of Appeals · 1887
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