Smith v. White
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Fourth District Court. This action was brought against the defendant as one of the sureties on an attachment bond given by one John B. Fuller, for his appearance. Fuller was a judgment debtor, and having .failed to appear and make discovery concerning his property, as required by an order of Justice Leonard of the Supreme Court, an attachment was issued against him for the contempt committed.
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Appeal by the defendant from a judgment of the Fourth District Court. This action was brought against the defendant as one of the sureties on an attachment bond given by one John B. Fuller, for his appearance. Fuller was a judgment debtor, and having .failed to appear and make discovery concerning his property, as required by an order of Justice Leonard of the Supreme Court, an attachment was issued against him for the contempt committed. On his arrest by the sheriff, the defendant and another signed the bond required by law to procure his discharge, the condition of the bond being, “ that if…
1Opinion of the Court
By the Court.—Brady, J.
John B. Fuller, a judgment debtor, was required by the order of Justice Leonard, of the Supreme Court, to appear before him and make discovery on oath concerning his property. He failed to appear, and on proper application therefor, an attachment was issued against him for the contempt committed. On being arrested by the sheriff by virtue of the attachment, the defendant and another signed as sureties the bond required by law to accomplish the discharge of the party under arrest (3 Bev. Stat. 5th ed., p. 851, § 13). The condition of the bond is, that if the said John B.…
2Cases cited1 opinion
- Mahoney v. GunterNew York Court of Common Pleas · 1860
3Cited by1 opinion
- T. E. Ward & Co. v. American Surety Co.Appellate Terms of the Supreme Court of New York · 1898