Cook v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, National Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of March, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of April, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The action is upon an undertaking given to obtain an order of arrest. One Joseph G, Cushman sued plaintiff and-obtained *657an order of arrest, giving an undertaking executed by defendant in which it agreed that “if the defendant in the action does recover judgment therein, or if it is finally decided that the plaintiff is not entitled to the order of arrest, the plaintiff in said action will pay all costs which may be awarded to the defendant and all damages which he may sustain by reason of the arrest.”
The defendant in that action sought ineffectually to obtain a vacatur of the order…
2Cases cited5 opinions
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Musgrave v. . SherwoodNew York Court of Appeals · 1879
- Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Brown v. ComPanyAppellate Division of the Supreme Court of the State of New York · 1907
- Cushman v. CookAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by6 opinions
- Java Cocoanut Oil Co. v. Fidelity & Deposit Co.Court of Appeals for the Ninth Circuit · 1924
- M. J. Brandenstein & Co. v. CastanoDistrict Court, S.D. New York · 1922
- Cuyler Realty Co. v. Teneo Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Anderson v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Feuer Holding Corp. v. Capital City Surety Co.City of New York Municipal Court · 1924
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