Hinckley v. . Kreitz
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 4 Jones & Spencer, 413.) This action was brought upon an undertaking executed by the defendants, as sureties, on an appeal to the General Term of the Court of Common Pleas, from a judgment entered in an action in said court in favor of one Frederick Dennstaedt, plaintiff, against Carl Anschutz, defendant.
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Appeal from judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 4 Jones & Spencer, 413.) This action was brought upon an undertaking executed by the defendants, as sureties, on an appeal to the General Term of the Court of Common Pleas, from a judgment entered in an action in said court in favor of one Frederick Dennstaedt, plaintiff, against Carl Anschutz, defendant. The undertaking was to. the effect “ that the said appellant will pay all costs and damages which may he awarded…
1Opinion of the Court
Church, Ch. J.
The first question is whether the sureties upon the undertaking, upon the appeal from the Special to the General Term of the Common Pleas, are liable for the costs of appeal from the General Term to the Court of Appeals. The undertaking, after reciting that the defendant intended to appeal to the General Term, was conditioned, among other things, that the appellant should pay “ all costs and damages which may be awarded against him" on said appeal.” The judgment was affirmed at the General Term and an appeal taken to the Court of Appeals, upon which an undertaking was executed…
2Cases cited9 opinions
- Armstrong's AppealSupreme Court of Pennsylvania · 1843
- Pott v. NathansSupreme Court of Pennsylvania · 1841
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Traver v. NicholsNew York Supreme Court · 1831
- Ball v. GardnerNew York Supreme Court · 1839
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3Cited by40 opinions
- Barnes v. . MottNew York Court of Appeals · 1876
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- In re John's WillOregon Supreme Court · 1896
- Trent v. RhombergTexas Supreme Court · 1886
- Babbitt v. FinnSupreme Court of the United States · 1880
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