City of New York v. . Baird
New York Court of Appeals
Appeal from a judgment, entered August 5, 1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial, and directed judgment for plaintiff upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered August 5, 1902, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and granting a new trial, and directed judgment for plaintiff upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The stipulation to pay and satisfy any judgment contained in the condition of the bond of indemnity means (1) a valid judgment and (2) a final judgment in the Court of Appeals, and is not…
1Opinion of the Court
Parker, Ch. J.
The recovery is on a bond given by defendants as principal and surety conditioned for the payment and satisfaction of any judgment which may be obtained in an action brought by one Kelly against the city of New York.
Defendants insist that the recovery ought not to stand because (1) as to defendant Baird the city, without right, made a settlement with Kelly and caused the judgment to be satisfied as to it against the protest of Baird, who insisted that an appeal taken by the city and himself was well taken, and should be prosecuted to the end; and (2) as to the surety company,…
2Cases cited4 opinions
- Conner v. . ReevesNew York Court of Appeals · 1886
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Wheeler v. . SweetNew York Court of Appeals · 1893
- Mansfield v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1900
3Cited by13 opinions
- Central Surety & Insurance v. HintonMissouri Court of Appeals · 1939
- Massachusetts Bonding & Insurance v. GautieriSupreme Court of Rhode Island · 1943
- Carey Transportation, Inc. v. Greyhound Corp. (Carey Transportation, Inc.)United States Bankruptcy Court, S.D. New York · 1987
- City of New York v. BairdAppellate Division of the Supreme Court of the State of New York · 1907
- Mayor, Aldermen and Commonalty v. Mechanics & Traders' BankAppellate Division of the Supreme Court of the State of New York · 1909
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