More v. Rand
New York Court of Common Pleas
Appeal by a surety on a bond given in the course of the action from an order of this court, made at special term by Judge Loew. The action was brought for the dissolution of a partnership and an accounting and settlement in regard thereto.
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Appeal by a surety on a bond given in the course of the action from an order of this court, made at special term by Judge Loew. The action was brought for the dissolution of a partnership and an accounting and settlement in regard thereto. A trial was had at special term, and an interlocutory judgment rendered dissolving the partnership and ordering a reference to take and state the accounts between the parties, and also ordering the appointment of a receiver, unless within twenty days after the settlement of the findings and decision, the defendants gave.a bond in the penalty of $30,000,…
1Opinion of the Court
Charles P. Daly, Chief Justice.
It may be that the court would order a bond to be given up and canceled in a case analogous to that in which it would direct an exonerator to be entered on the bail bond; but it is not necessary to decide that question. It may be also that this, though an equitable action, is to be regarded as a mistrial, as all the issues have not been tried, the judgment having been reversed and a new trial ordered, because the judge, upon the trial, would not allow the defendants to prove their counterclaim. It does not follow, however, from this, that the giving of a bond to…
2Cases cited1 opinion
- Griffin v. CranstonThe Superior Court of New York City · 1859