Lyon v. Wilder
The Superior Court of the City of New York and Buffalo
Appeal from special term; Charles H. Trtjax, Judge. Edward Lyon, receiver of the Coliseum Company, sued Jane B. Muxlow and Edward P. Wilder, defendants. The court ordered plaintiff to file security for costs of defendant Muxlow, or deposit $250. Charles Forbes, a surety on the undertaking, to avoid justifying, deposited $250 with the clerk. The court ordered a portion of this money to be paid to defendant Wilder for his costs.
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Appeal from special term; Charles H. Trtjax, Judge. Edward Lyon, receiver of the Coliseum Company, sued Jane B. Muxlow and Edward P. Wilder, defendants. The court ordered plaintiff to file security for costs of defendant Muxlow, or deposit $250. Charles Forbes, a surety on the undertaking, to avoid justifying, deposited $250 with the clerk. The court ordered a portion of this money to be paid to defendant Wilder for his costs. From this order the surety appealed, claiming the money was deposited only to pay the costs of Muxlow.
1Opinion of the CourtSedgwick, C. J.
In the course of the action the defendant Muxlow had applied for an order compelling the plaintiff to pay into court the sum of $250, to be applied to the payment of defendant Muxlow’s costs, or file an undertaking, etc. The plaintiff commenced to obey the order by filing an undertaking. The sureties preferred not to have the trouble of attending for justification, and one of them furnished $250 in money. The money was deposited with the clerk, who, probably without the knowledge of the defendants or their attorney of the form of the receipt, gave to the attorney for the plaintiff a receipt…
2Cited by3 opinions
- Whiteaker v. StateSupreme Court of Oklahoma · 1911
- State v. OwensSupreme Court of Iowa · 1900
- State v. WisnewskiWisconsin Supreme Court · 1908