Cohen v. American Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Quintus Cohen, as trustee, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19 th day of October, 1908, directing that the equitable issues raised by the counterclaims in the answer and the reply thereto be first tried at SpecialTerm, and until such trial staying the trial of the common law issues.
1Opinion of the Court
Clarke, J.:
The action was brought by the trustee in bankruptcy of John T. Lee against the surety company upon a bond given by one Buck-master, as assignee of said Lee under a general assignment for the benefit of creditors as principal and the company as surety, whereby *167they hound themselves jointly and severally in the penal sum of $7,000, with a condition that if said Buckmaster should faithfully execute and discharge the duties of such assignee, and duly account for all moneys received by him as such assignee, then the obligation to be void, else to remain in full force and virtue. The…
2Cases cited8 opinions
- Savage v. . AllenNew York Court of Appeals · 1873
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- Pond v. . HarwoodNew York Court of Appeals · 1893
- Walker v. American Central InsuranceNew York Court of Appeals · 1894
- Goss v. C. S. Goss & Co.Appellate Division of the Supreme Court of the State of New York · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Brody, Adler & Koch Co. v. HochstadterAppellate Division of the Supreme Court of the State of New York · 1912
- Brody, Adler & Koch Co. v. HochstadterAppellate Division of the Supreme Court of the State of New York · 1912
- Deiches v. Western Development Co.Appellate Division of the Supreme Court of the State of New York · 1913
- White v. ShontsAppellate Division of the Supreme Court of the State of New York · 1913
2 more not listed; retrieve them via the Exa API.