Ball v. Gardner
New York Supreme Court
Bond on suing out an attachment. The plaintiff declared on a bond executed by the defendants, which after reciting that Gardner had applied to a justice of the peace for an attachment against Ball, was conditioned that Gardner would pay to Ball all damages and costs which he might sustain by reason of the issuing of such attachment if Gardner should fail to recover judgment thereon ; and in the event of such judgment being recovered, that he should pay to Ball all moneys…
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Bond on suing out an attachment. The plaintiff declared on a bond executed by the defendants, which after reciting that Gardner had applied to a justice of the peace for an attachment against Ball, was conditioned that Gardner would pay to Ball all damages and costs which he might sustain by reason of the issuing of such attachment if Gardner should fail to recover judgment thereon ; and in the event of such judgment being recovered, that he should pay to Ball all moneys which should be received by Gardner from any property levied upon by such attachment, over and above the amount of such…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The main question raised upon the .pleading is, whether the condition, of the bond taken on the suing out of the attachment, extends to and is controlled by the final result in the common pleas; in other words, whether the condition is kept by the recovery of judgment before the justice."
The statute provides for the giving of the bond, and prescribes that it shall be “ conditioned to pay "such defendant all damages and costs which he may sustain by reason of the issuing such attachment, if such plaintiff fail to recover judgment thereon.” 2 R. S. 230, a 29. See also…
2Cases cited2 opinions
- Traver v. NicholsNew York Supreme Court · 1831
- Close v. StuartCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by17 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Tyng v. . American Surety Co.New York Court of Appeals · 1903
- Bennett v. . BrownNew York Court of Appeals · 1859
- Northampton National Bank v. WylieNew York Supreme Court · 1889
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