Ettlinger v. . National Surety Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1914, which affirmed a judgment in favor of plaintiff entered upon an order of the court at a Trial Term granting a motion by plaintiff for judgment on the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in granting plaintiff’s motion for judgment on the pleadings.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1914, which affirmed a judgment in favor of plaintiff entered upon an order of the court at a Trial Term granting a motion by plaintiff for judgment on the pleadings. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in granting plaintiff’s motion for judgment on the pleadings. The answer alleged fraud in the procuring of the bond or undertaking alleged in the complaint, which is a complete defense. (Putnam v.…
1Opinion of the CourtAndrews, J.
The plaintiff brought an action in the City Court in New York against one Theodore Kruger. The latter desired to obtain a stay of the trial of that action. To obtain such result he stipulated in open court to give to the plaintiff a surety company bond providing that in the' event of the ultimate affirmance and final determination of a certain other action between the same parties then on appeal, the amount involved in the action in which he desired a stay should be paid to the plaintiff, with costs. Thereafter he obtained a bond from the National Surety Company and the action was, in fact,…
2Cases cited16 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Morehouse v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Elliott v. . BradyNew York Court of Appeals · 1908
- Harris v. CarmodyMassachusetts Supreme Judicial Court · 1881
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
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3Cited by36 opinions
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- Frankel v. ICD Holdings S.A.District Court, S.D. New York · 1996
- Stonehill v. Security National BankDistrict Court, S.D. New York · 1975
- Bloor v. ShapiroDistrict Court, S.D. New York · 1983
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