V. Loewer's Gambrinus Brewery Co. v. Lithauer
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment rendered in the ¡Municipal Court of the city of ¡New York, tenth district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtSoott, J.
The bond which the appellant gave for the marshal, Lithauer, is conditioned that he shall well and faithfully execute the said office of marshal without fraud, deceit or oppression and shall in all things well and truly and faithfully perform the duties of his office and properly account for and pay over all moneys or properties received by him as marshal, etc. It is well settled, in this State, that, in an action brought against the surety upon such a bond, a judgment against the marshal for a conversion, or an unlawful levy, is neither conclusive nor prima facie evidence against the surety…
2Cases cited1 opinion
- Berry v. SchaadAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Adams v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Miano v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Mulry v. EckersonAppellate Division of the Supreme Court of the State of New York · 1912