Long v. American Surety Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 16, 1894, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court and also affirmed an order denying a motion for a new trial. This was an action upon an undertaking given on appeal.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 16, 1894, which affirmed a judgment in favor of defendant entered upon a verdict directed by the court and also affirmed an order denying a motion for a new trial. This was an action upon an undertaking given on appeal. The plaintiff Foo Long recovered a judgment against Chu Fong at a trial at Circuit on the 28th of June, 1888, for the sum of $3,798.99. The defendant therein appealed to the General Term, and on the appeal tlie defendant in this action became the…
1Opinion of the Court
Andbews, Ch. J.
The undertaking bound the surety in case of the ultimate affirmance of the judgment. Its liability was not terminated .by the reversal of the judgment by the General Term, but continued and was enforcible in case, on appeal to this court, the order of the General Term should be reversed and the original judgment affirmed. (Robinson v. Plimpton, 25 N. Y. 484.) The only question presented by this record is whether the original judgment was affirmed within the true intent and meaning of the undertaking. The plaintiff Foo Long appealed to this court from the order of the General…
2Cases cited1 opinion
- Robinson v. . PlimptonNew York Court of Appeals · 1862
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