Coleman v. Bean
New York Court of Appeals
Robert Coleman sued Aaron H. Bean and Joseph B. Whee-lock, in the New York common "pleas, on an undertaking or statutory obligation, given by defendants, on behalf of the Galveston, Houston & Henderson Railroad Company, in a former action brought by Coleman in the supreme court against the railroad company. The undertaking was in the usual form of an undertaking given to procure the discharge of an attachment issued as a provisional remedy under the Code of Procedure.
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Robert Coleman sued Aaron H. Bean and Joseph B. Whee-lock, in the New York common "pleas, on an undertaking or statutory obligation, given by defendants, on behalf of the Galveston, Houston & Henderson Railroad Company, in a former action brought by Coleman in the supreme court against the railroad company. The undertaking was in the usual form of an undertaking given to procure the discharge of an attachment issued as a provisional remedy under the Code of Procedure. It was entitled in the action of Coleman against the railroad company, and recited that an attachment had been issued in said…
1Opinion of the Court
By the Court.
James C. Smith, J.
The sole question in this case is, whether the court erred in rejecting the testimony offered by the defendants. One branch of the offer was to show, in contradiction of the recitals in the undertaking, *398that no application had. been made for the discharge of an attachment in the action in which the undertaking was entitled, and that no attachment had been issued or granted. The counsel for the appellant argues that the defendants were not es-topped from thus showing the falsity of the recitals, for the reason that, as the counsel assumes, the plaintiff did not…
2Cases cited2 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Cohen v. Fidelity & Deposit Co.City of New York Municipal Court · 1928
- Field v. Van CottNew York Court of Common Pleas · 1874
- Whitney v. ColemanNew York Court of Common Pleas · 1880
- Harrison v. UtleyNew York Supreme Court · 1876