Furber v. McCarthy
New York Supreme Court
Appeal from circuit court, New York county. Action' by Arthur Furber against Alexander L. McCarthy and another on an undertaking executed to obtain the arrest of plaintiff's assignor. From a ■judgment dismissing the complaint after trial by the court plaintiff appeals. For former reports, see 4 N. Y. Supp. 274; 5 N. Y. Supp. 947.
1Opinion of the CourtVan Brunt, P. J.
The facts are as follows: In February, 1884, one De Berg gave his note of $261.25, for value, to the firm of Shufeldt & Co., payable at four months after date, and which has never been paid. Subsequently Shufeldt & Co. sued De Berg for damages because of false representations. De Berg was arrested in that action, and for the purpose of obtaining the order of arrest Shufeldt & Co. procured the defendants herein to execute an undertaking in the form required by law. The action was tried in June, 1885, and the defendant was successful, and on June 6, 1885, a judgment was entered in his favor for…
2Cited by8 opinions
- Delaney v. MillerNew York Supreme Court · 1895
- Merritt v. GouleyNew York Supreme Court · 1890
- Wickham v. WeilNew York Court of Common Pleas · 1892
- Delaney v. MillerNew York Supreme Court · 1894
- Sterne v. TalbottNew York Supreme Court · 1895
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