Smith v. National Surety Co
New York Supreme Court
Motion to compel plaintiff, upon the payment of the judgment herein, by the defendant, a surety, to assign the same to it and also a contract which the plaintiff took from one of his joint judgment debtors.
1Opinion of the CourtDavy, J.
It appears from the affidavits read on this motion that the plaintiff, on the 7th day of December, 1897,'recovered a judgment in the Supreme Court against Theodore Gr. Smith, Stephen W. Adwin and John Kalb for one thousand' one hundred twenty-five dollars and thirteen cents ($1,125.13) damages and costs for malicious prosecution; that all of the defendants in that action appealed to the Appellate Division of the Supreme Court, which appeal, on the 26th day of April, 1898, was dismissed, with costs of the appeal against all of the defendants. It also appears that Stephen W. Adwin was the only…
2Cases cited3 opinions
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Arnold v. . GreenNew York Court of Appeals · 1889
- Hikes v. Crawford & LongCourt of Appeals of Kentucky · 1868
3Cited by4 opinions
- Corn Exchange Bank v. GrossAppellate Terms of the Supreme Court of New York · 1914
- Commercial Casualty Insurance v. Capital City Surety Co.Appellate Division of the Supreme Court of the State of New York · 1928
- State Bank v. KahnAppellate Terms of the Supreme Court of New York · 1906
- Rosenthal v. New York Railways Co.New York Supreme Court · 1919