Christal v. . Kelly
New York Court of Appeals
Appeal from judgment of'the General Term of the Supreme Court, in the second judicial department, made February 15, 1881, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court on trial without a jury. (Reported below, 24 Hun, 155.) This action was brought against defendants as sureties upon an undertaking given to discharge an attachment.
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Appeal from judgment of'the General Term of the Supreme Court, in the second judicial department, made February 15, 1881, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court on trial without a jury. (Reported below, 24 Hun, 155.) This action was brought against defendants as sureties upon an undertaking given to discharge an attachment. The court found, in substance, that in July, 1870,plaintiffs commenced an action against William Christal and Joseph Struthers, upon a note given by the firm of Christal & Struthers, which firm, the complaint alleged, was…
1Opinion of the Court
Andrews, Ch. J.
The principal question on the merits presented on this appeal is, whether the sureties in an undertaking given to discharge an attachment in an action originally commenced against two defendants, as copartners, to recover on a firm note, are liable to pay a judgment subsequently recovered on the note against the original defendants and another person, a partner in the firm, who was brought in after plea in abatement interposed by the original -defendants, by stipulation between the attorneys for the original parties, for the amendment of the summons and complaint, and his…
2Cases cited5 opinions
- Casoni v. . JeromeNew York Court of Appeals · 1874
- Haggart v. . MorganNew York Court of Appeals · 1851
- Coleman v. BeanNew York Court of Appeals · 1866
- Church v. . SimmonsNew York Court of Appeals · 1880
- Oakley v. BeckerNew York Supreme Court · 1824
3Cited by20 opinions
- In re GardinerNew York Court of General Session of the Peace · 1900
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Howell v. Alma Milling Co.Nebraska Supreme Court · 1893
- Fox v. McGrathCourt of Appeals for the Second Circuit · 1945
- People v. ClarkCourt Of Oyer And Terminer New York · 1891
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