Ducas v. Federal Union Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Federal Union Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of October, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order, entered in said clerk’s office on the 2d day of November, 1914, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Federal Union Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of October, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order, entered in said clerk’s office on the 2d day of November, 1914, denying the defendant’s motion for a new trial made upon the minutes. The action was on a bail bond given under section 575 of the Code of Civil Procedure.
1Opinion of the Court
Clarke, J.:
December 20, 1910, in an action brought by the plaintiff against one Robert Loonen for conversion, an order of arrest was granted and Loonen was taken into custody. On said day, *25as bail, the defendant executed a written undertaking pursuant to section 575 of the Code of Civil Procedure and undertook in the sum of $1,000 that the said Loonen should at all times render himself amenable to any mandate which might be issued to enforce a final judgment against him in the said action.
Loonen was discharged from arrest on said bond. On December 5, 1913, judgment in said action was duly…
2Cases cited4 opinions
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Nicolls v. IngersoliNew York Supreme Court · 1810
- Clark v. NibloCourt for the Trial of Impeachments and Correction of Errors · 1830
- Culliford v. . WalserNew York Court of Appeals · 1899
3Cited by1 opinion
- Ducas v. Federal Union Surety Co.Appellate Division of the Supreme Court of the State of New York · 1915