Feinburg v. American Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal by one William K. Hawkins from an order of the General Term of the City Court of the City of Hew York, reversing an order of the Special Term allowing him to come in and defend the action, and directing the amendment of the summons and complaint in this action by making him a party-defendant, and denying such motion. The nature of the action and the material facts are stated in the. opinion.
1Opinion of the CourtGiegerich, J.
The action is against the American Surety Company of Hew York, upon an undertaking given by it on a warrant of attachment granted in an action brought in the Supreme Court, County of Hew York, in which one William K. Hawkins was plaintiff and Solomon L. Pakas defendant. Hawkins did not join in the execution of the undertaking, which is conditioned “ that if the defendant recover judgment in this action, or if the warrant of attachment is vacated, the plaintiff will pay all costs which *459may be awarded to the defendant, and all damages which the defendant may sustain by reason of the said…
2Cases cited6 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- People Ex Rel. Sears v. . TobeyNew York Court of Appeals · 1897
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3Cited by5 opinions
- United States F. G. Co. v. Seed L. Co.Arizona Supreme Court · 1931
- Ballaine v. Alaska Northern Ry. Co.District Court, D. Alaska · 1917
- Baron v. National Surety Co.Appellate Terms of the Supreme Court of New York · 1908
- Fuchs v. Hartford Accident & Indemnity Co.District Court, S.D. New York · 1950
- Touhey Co. v. Shongo Construction Co.New York Supreme Court · 1917