Hall v. Lanza
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Preston Hall, from an order of the 'County Court of Chautauqua county, entered in the office of the clerk of the county of Chautauqua, denying the plaintiff’s motion to punish the defendant for a contempt of court in furnishing a fictitious undertaking.
1Opinion of the Court
Spring, J.:
The plaintiff recovered a judgment against the defendant in Justice’s Court. An appeal was taken to the County Court by the •defendant and an undertaking was given to perfect the appeal, upon which his wife, who was an infant, was the only surety or •obligor. The judgment was affirmed in the County Court and judgment was entered for the. plaintiff for $276.62 damages and costs. Execution issued on the judgment was returned wholly unsatisfied. An action was thereupon commenced against the surety, who answered setting up the fact of her infancy as a defense. The plaintiff then…
2Cases cited2 opinions
- Bryant v. AllenAppellate Division of the Supreme Court of the State of New York · 1900
- Nuccio v. PortoAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Dollard v. KoronskyAppellate Terms of the Supreme Court of New York · 1910