Bien v. Freund
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max Freund and another, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of October, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on. the 12th day of October, 1897, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Rumsey, J.:
The defendants, as sureties for certain persons who were about to sue out a warrant of attachment against one Buchner, executed the usual undertaking upon attachment; which was delivered to Buchner at the time of the execution of the warrant. The attachment having been vacated, the plaintiff, to whom the undertaking and the right of action thereon had been assigned, brought this action to recover the damages suffered by.Buchner by reason of the attachment. The defendants sought to set off against this cause of action a counterclaim, which will be more particularly referred to…
2Cases cited7 opinions
- Coit v. . StewartNew York Court of Appeals · 1872
- Cornell v. DonovanNew York Court of Common Pleas · 1887
- Faulkner v. SwartNew York Supreme Court · 1889
- Furber v. McCarthyNew York Supreme Court · 1889
- Wickham v. WeilNew York Court of Common Pleas · 1892
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3Cited by3 opinions
- Wyckoff v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
- Gilboy v. LennonNew York Supreme Court · 1922
- Courtright v. VreelandAppellate Terms of the Supreme Court of New York · 1909