Lesster v. Lawyers' Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Lawyers’ Surety Company of New York, from an order of the Appellate Term of the Supreme. Court, entered in the office of the clerk of the county of New York on the 15th day of February, 1900, affirming a judgment of the General ' Term of the City Court of New York, entered in the office of the clerk ■of said court on the 20th day of November, 1899, upon an order ■affirming a judgment of the City Court of New York in favor of the plaintiff,…
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Appeal by the defendant, The Lawyers’ Surety Company of New York, from an order of the Appellate Term of the Supreme. Court, entered in the office of the clerk of the county of New York on the 15th day of February, 1900, affirming a judgment of the General ' Term of the City Court of New York, entered in the office of the clerk ■of said court on the 20th day of November, 1899, upon an order ■affirming a judgment of the City Court of New York in favor of the plaintiff, entered in the office of the clerk of said court on the t23d day of June, 1899, upon the verdict of a jury.
1Opinion of the Court
Rumsey, J.:
On the 15th of February, 189J,- Mr. D. Phoenix Ingraham was appointed receiver of the rents, issues and profits of premises *183described in the complaint in an action for the foreclosure of a mortgage in which Mary Harris was plaintiff and Lesster, the plaintiff here, a defendant. The order appointing him required him to receive the rents and profits and dispose of the same pursuant to the order of the court. Mr. Ingraham, as principal, and the Lawyers’ Surety Company, as surety, executed a bond in the penalty of $1,000, conditioned “ that if the said D. Phoenix Ingraham shall…
2Cases cited5 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Langley v. . WarnerNew York Court of Appeals · 1850
- Simpson v. HornbeckNew York Supreme Court · 1870
- Thomson v. . MacGregorNew York Court of Appeals · 1880
- Lovett v. German Reformed ChurchNew York Supreme Court · 1851
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- Handy v. ButlerAppellate Division of the Supreme Court of the State of New York · 1918
- Coe v. PattersonAppellate Division of the Supreme Court of the State of New York · 1907
- Gillmore v. Equitable Surety Co.Appellate Division of the Supreme Court of the State of New York · 1930
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