Thomson v. . American Surety Co.
New York Court of Appeals
Appeal from á judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21, 1901, affirming a judgment for nominal damages in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in holding that the judgment in Thomson v. Cruikshank was admissible only to prove a breach of the condition of the bond.
Read the full summary
Appeal from á judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 21, 1901, affirming a judgment for nominal damages in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in holding that the judgment in Thomson v. Cruikshank was admissible only to prove a breach of the condition of the bond. (Thompson v. Denner, 16 App. Div. 160: Douglass v. Ferris, 138 N. Y. 195; French v. Dauchy, 134 N. Y. 543; Perkins v. Stimmel, 114 N. Y. 359;…
1Opinion of the Court
Per Guriam.
The learned referee before whom this case was tried made a short decision, in substance as follows : This action is brought by plaintiff as trustee of one Benjamin Lord against the defendant company as surety, upon its bond, given for the faithful administration by Augustus Cruikshank, deceased, as prior trustee of said trust. The plaintiff charged that Cruikshank died without making a full or final distribution of the funds or property in his hands as such trustee, and alleged that this plaintiff, in an action brought by him against the executrix of said Cruikshank for an…
2Cases cited5 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Deobold v. . OppermannNew York Court of Appeals · 1888
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Annett v. . TerryNew York Court of Appeals · 1866
- Thomson v. . MacGregorNew York Court of Appeals · 1880
3Cited by10 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Cohen v. American Surety Co. of New YorkNew York Court of Appeals · 1908
- Bolmer v. United States Fidelity & Guaranty Co.District Court, W.D. Kentucky · 1935
- Coe v. PattersonAppellate Division of the Supreme Court of the State of New York · 1907
- Kane Manufacturing Corp. v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1988
5 more not listed; retrieve them via the Exa API.