Haberstro v. . Bedford
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 24, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict upon trial in the Superior Court of Buffalo and affirmed an order denying a motion for a new trial.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 24, 1887, which affirmed a judgment in favor of plaintiff entered upon a verdict upon trial in the Superior Court of Buffalo and affirmed an order denying a motion for a new trial. Alice Douglas commenced an action January 7,1879, against one William F. Warren to recover the sum of $1,078.93 alleged by her to have been fraudently misapplied and embezzled by him. Pursuant to an order of arrest granted on the same day the defendant Warren was arrested by the plaintiff.…
1Opinion of the CourtParker, J.
The first question requiring consideration involves the validity of the undertaking executed by Warren as principal with the defendants as sureties and by them delivered to the sheriff. The sureties were financially responsible, and upon such execution and delivery, accompanied with a demand that Warren be released from custody, he was discharged. It is now contended that the undertaking was void, because it contained a provision not authorized by section 575 of the Code of Civil Procedure. Warren was entitled to be discharged from custody upon giving an undertaking in compliance with…
2Cases cited4 opinions
- Toles v. . AdeeNew York Court of Appeals · 1881
- Cook v. . FreudenthalNew York Court of Appeals · 1880
- Barnard v. VieleNew York Supreme Court · 1839
- Toro v. MalcolmNew York Court of Appeals · 1978
3Cited by1 opinion
- Bristol v. GraffAppellate Division of the Supreme Court of the State of New York · 1903