Finkelstein v. Punie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herman Finkelstein, from an order and determination of the Appellate Term of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of November, 1913, affirming a judgment-and order of the City Court of the City of New York dismissing the complaint herein.
1DissentLaughlin, J.
This is an, action by one surety on an undertaking, given to stay execution of a judgment in an action in the City Court pending* an appeal therefrom, against his cosurety for contribution. By the undertaking the sureties jointly and severally undertook that if the judgment or any part thereof should be affirmed, or the appeal dismissed, they would pay it, or the pari thereof affirmed.
The appeal was duly dismissed, and the plaintiff in that action then sued the sureties, the plaintiff and defendant herein, in the City Court on the undertaking. She recovered a judgment against the plaintiff,…
2Cases cited10 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Manning v. . GouldNew York Court of Appeals · 1882
- Steinbock v. . EvansNew York Court of Appeals · 1890
- Matson v. . Farm Buildings Insurance Co.New York Court of Appeals · 1878
5 more not listed; retrieve them via the Exa API.