Toles v. . Adee
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order made November 26, 1879, denying a motion for a new trial and directing judgment on a verdict. This action was brought upon an undertaking executed by Stephen B. Adee, defendants’ testator for bail. The material facts are stated in the opinion. No cause of action survived the death of Stephen B. Adee.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order made November 26, 1879, denying a motion for a new trial and directing judgment on a verdict. This action was brought upon an undertaking executed by Stephen B. Adee, defendants’ testator for bail. The material facts are stated in the opinion. No cause of action survived the death of Stephen B. Adee. (3 Williams on Executors [7th ed.], 1869; De Golyer on Guarantees, etc. [Am. ed], 422; Smith on Mercantile Law, 286 ; Randall v. Sackett, 77 N. Y. 480,…
1Opinion of the CourtAndrews, J.
The order of arrest issued in the action of Sarah B. Adee (now Sarah B. Toles), against her former husband, Augustus W. Adee, was in the form prescribed by section 183 of the Code of Procedure, and required the sheriff to arrest the defendant and hold him to bail in the sum of $1,000. The sheriff arrested the defendant, and at the time of the arrest delivered to him a copy of the order of arrest and of the affidavit upon- which it was granted. The sheriff, after the arrest had been made, went with the defendant to the house of his father, Stephen B. Adee, upon the defendant’s suggestion that…
2Cases cited9 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Remsen v. . BeekmanNew York Court of Appeals · 1862
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- Webbers' Executors v. BluntNew York Supreme Court · 1838
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