Cornell v. Donovan
City of New York Municipal Court
Appeal from an interlocutory judgment overruling the plaintiff’s demurrer to this counter-claim interposed by the defendants.
1Opinion of the CourtHyatt, J.
The defendant Donovan brought an action in this court against the plaintiff Cornell, and obtained an order of arrest against him, on applying for which Donovan as principal and the other defendants as sureties, executed the usual undertaking. The order of arrest was vacated. Upon the trial of the action, Donovan recovered judgment against Cornell.
He assigned an undivided third interest to each of the defendants Harrington, who were the sureties on said undertaking, before the commencement of this action.
This action was brought to recover the damages, which plaintiff claims he sustained by…
2Cases cited3 opinions
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Taylor v. RootNew York Court of Appeals · 1868
- Freeman v. DutcherNew York Supreme Court · 1885