Davis v. . Van Buren
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the county of New York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury, < This action was upon an undertaking, the terms of which' and the facts are set forth sufficiently in the opinion. The nature of the undertaking and of the rights of the parties thereto show that it is a several undertaking.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the county of New York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury, < This action was upon an undertaking, the terms of which' and the facts are set forth sufficiently in the opinion. The nature of the undertaking and of the rights of the parties thereto show that it is a several undertaking. (1 Pars. on Con., 11, 21; Slingsby’s Case, 5 Rep., 19; Southcote v. Hoare, 3 Taunt., 89; Sorsbie v. Parks, 12 M. & W., 146; 5 T. R, 522; In re Taylor, 7 How.,…
1Per curiam
One Bixbee was arrested at the suit of the plaintiffs, in an action commenced against him by them in the New York Common Pleas, and to procure his discharge from such arrest, he, Benjamin Gr. Bloss and Jordan Mott, defendant’s testator, executed an undertaking as required by section 187 of the old Code. There was default in the undertaking, and the plaintiffs then caused a summons to be issued in this action against Bloss and Mott, which was served on Bloss; before it could be served on Mott, he died. Bloss was afterward discharged in bankruptcy, and the defendant, as executor of Mott, was…
2Cases cited5 opinions
- Getty v. . BinsseNew York Court of Appeals · 1872
- Wood v. . FiskNew York Court of Appeals · 1875
- Bradley v. BurwellNew York Supreme Court · 1846
- Pickersgill v. LahensSupreme Court of the United States · 1873
- Block v. . the Columbian Insurance Co.New York Court of Appeals · 1870
3Cited by8 opinions
- Board of Trustees of the Western Conference of Teamsters Pension Trust Fund v. H.F. Johnson, Inc.Court of Appeals for the Ninth Circuit · 1987
- Bauer v. CabanneSupreme Court of Missouri · 1891
- Board Of Trustees Of The Western Conference Of Teamsters Pension Trust Fund v. H.F. Johnson, Inc.Court of Appeals for the First Circuit · 1987
- Denike v. DenikeAppellate Division of the Supreme Court of the State of New York · 1901
- Dunlop v. Levin, Kronenberg & Co.Appellate Division of the Supreme Court of the State of New York · 1909
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