Haskell v. Fidelity & Casualty Co.

On May 9, 1921, John M. Haskell, plaintiff’s testator, recovered a judgment against one Theodore Jelenk in the Supreme Court, Albany county, for the sum of $1,422.34 damages and costs. On the 7th day of June, 1921, the judgment debtor in that judgment served a notice of appeal to the Appellate Division of the third department, appealing from the whole of said judgment, and together with the notice of appeal served an undertaking which was executed by the defendant herein, the Fidelity and Casualty Company of New York, which among other things contained the following recital:

“ Now therefore,…