Mager v. . Osborn
New York Court of Appeals
Appeal from order of General Term of Mew York Superior Court granting new trial, with stipulation for judgment absolute. The action was upon a bond of indemnity against a mechanic’s hen, alleged to have been executed by defendant Maylor as principal, and defendants Osborn and Calrow as sureties. Calrow was not served with process. Maylor and Osborn answered, denying in general form the allegations of the complaint.
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Appeal from order of General Term of Mew York Superior Court granting new trial, with stipulation for judgment absolute. The action was upon a bond of indemnity against a mechanic’s hen, alleged to have been executed by defendant Maylor as principal, and defendants Osborn and Calrow as sureties. Calrow was not served with process. Maylor and Osborn answered, denying in general form the allegations of the complaint. The cause was tried before Mr. Justice Mohell, and a jury, in May, 1863, and a'verdict rendered against both defendants. Osborn appealed from the judgment entered on the verdict to…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The only exceptions taken by the defendant Osborn, were to the introduction on the trial of the writing executed by Magee and Naylor, on the settlement of the suit brought on the building contract, and…
2Cited by4 opinions
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- Eastman v. Metropolitan Life InsuranceMichigan Supreme Court · 1924
- People v. . CoreyNew York Court of Appeals · 1896
- Phillips v. LindnerNew York Supreme Court · 1891