Cohen v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Quintus Cohen, as trustee, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19 th day of October, 1908, directing that the equitable issues raised by the counterclaims in the answer and the reply thereto be first tried at SpecialTerm, and until such trial staying the trial of the common law issues.
1Dissent
Ingraham, J. (dissenting):
This action was brought to recover upon a bond given by George Buckmaster, as assignee of the bankrupt, for. the benefit of creditors as principal and by the defendant as surety. The complaint alleges the execution of the bond conditioned that if the said Buckmaster should faithfully execute and discharge the duties of such assignee, and duly account for all moneys received by him as such assignee, then the obligation to he void; that on an accounting in the United States District Court a final judgment or order was made requiring Buckmaster to pay $3,502.97, the…
2Cases cited3 opinions
- Goss v. C. S. Goss & Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Colville v. ChubbNew York Supreme Court · 1891
- Cohen v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908