Star Fire Insurance v. Godet
The Superior Court of New York City
This action was brought upon an undertaking, given under section 187 of the Code, in an action wherein the plaintiff herein was plaintiff, and Henry H. Grodet principal, was defendant, and executed by Henry H. Grodet, as and Henry T. Grodet and C. N. Van Zandt, sureties.
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This action was brought upon an undertaking, given under section 187 of the Code, in an action wherein the plaintiff herein was plaintiff, and Henry H. Grodet principal, was defendant, and executed by Henry H. Grodet, as and Henry T. Grodet and C. N. Van Zandt, sureties. The complaint herein alleges that a judgment had been recovered against the defendant in that action, and an execution against his person had been issued, and that .he had not rendered himself amenable thereto. Before an answer was put in, the sureties surrendered their principal to the sheriff, and gave notice to the…
1Opinion of the Court
By the Court.—Freedman, J.
The order of May 15, 1871, requiring defendant’s attorneys to attend before the justice making the same, on May 17, “for the purpose of resettling the order of May 10, granted in exoneration of the defendants’ liability on the undertaking prosecuted in this action,” was not merely an order to show cause, or equivalent to a notice of motion," but an absolute direction to appear for the purposes of a resettlement; and as the questions arising under *366the same were argued and the judge took the papers and reserved his decision, the order of May 10 became thereby re-opened…
2Cases cited5 opinions
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- Bowman v. EarleThe Superior Court of New York City · 1854
- Davidson v. TaylorSupreme Court of the United States · 1827
- Lewis v. GrahamNew York Supreme Court · 1863
- Levy v. NicholasThe Superior Court of New York City · 1863