Gilmore v. Crowell
New York Supreme Court
PPEAL, by the plaintiffs, from a judgment entered at a Special Term, dismissing the complaint. On the 6th of February, 1873, a suit being pending in this court, wherein these plaintiffs were plaintiffs, and Robert Patton, Willard Ginn and John B. Folger were defendants, and an attachment having been issued therein, the present defendants, Crowell & Fisher, for the purpose of procuring a discharge of such attachment, executed an undertaking, entitled in said action, in these…
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PPEAL, by the plaintiffs, from a judgment entered at a Special Term, dismissing the complaint. On the 6th of February, 1873, a suit being pending in this court, wherein these plaintiffs were plaintiffs, and Robert Patton, Willard Ginn and John B. Folger were defendants, and an attachment having been issued therein, the present defendants, Crowell & Fisher, for the purpose of procuring a discharge of such attachment, executed an undertaking, entitled in said action, in these words: “An attachment having been issued in the above action to the sheriff of the city and county of New York, and the…
1Opinion of the Court
By the Court, Brady, J.
The question presented by this appeal is whether an action can be maintained against sureties upon an undertaking which provides for the payment of the judgment which may be recovered against the defendants, when the judgment recovered is against some of them only. The general rule is that the contract of a surety is to be construed strictly, and not to be extended beyond the fair scope of its terms, (Cheesbrough v. Agate, 26 Barb., 603; Poppenheusen v. Seeley, 3 Keyes, 150;) and by that rule the obligation of the defendants herein must be ascertained and determined.
The…
2Cases cited2 opinions
- Poppenhusen v. SeeleyNew York Court of Appeals · 1866
- Cheesbrough v. AgateNew York Supreme Court · 1858
3Cited by6 opinions
- Wandelohr v. Grayson County National BankTexas Supreme Court · 1908
- Bedard v. MahoneySupreme Court of Rhode Island · 1910
- Christal v. KellyNew York Supreme Court · 1881
- Fuchs v. Hartford Accident & Indemnity Co.District Court, S.D. New York · 1950
- Wandelohr v. Grayson County National BankTexas Supreme Court · 1908
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