Rothwell v. Paine
New York Court of Common Pleas
Appeal from a judgment of the General Term.:;of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the CourtBookstaver, J.
The action was brought to recover damages on an undertaking executed by-the defendants, as sureties, upon the granting of an order of arrest against the plaintiff, in an action brought against him by one Tuttle, in the Superior Court of the City of New York.
The ground for arrest, as stated in the order, is “ the perpetration of a fraud on the plaintiff by the defendants, and a breach of trust, and failure by the defendants to pay over moneys received by them in a fiduciary capacity.”
Under this order the plaintiff was arrested and gave bail. Afterwards the order of arrest was vacated on…
2Cases cited4 opinions
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Smith v. . KnappNew York Court of Appeals · 1864
- Schuyler v. EnglertNew York Court of Common Pleas · 1882
- Young v. WeeksNew York Court of Common Pleas · 1877