Travis v. Travis
New York Supreme Court
Appeal from special term. John Travis brought this action against Bernard Travis and Jesse Travis for a partnership accounting.
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Appeal from special term. John Travis brought this action against Bernard Travis and Jesse Travis for a partnership accounting. Judgment was entered upon the report of a referee in favor of the plaintiff, and against the defendant Bernard Travis, for §10,117.11, and in favor of the defendant Jesse Travis for §20,447.20. This judgment was reversed by the general term, Second department, and a new trial ordered, and from that decision the plaintiff and the defendant Jesse Travis appealed to the court of appeals. The notice of appeal, together with an undertaking in due form signed by two…
1Opinion of the CourtBarnard, P. J.
An ordinary undertaking, with two sureties, need not be approved. -The respondent could except to the sureties, and if, on notice. *358they were found sufficient, the judge before whom the justification took place-was to indorse his allowance on the undertaking. Section 1325, Code Civil Proe. By chapter 416, Laws 1886, surety companies authorized by the law of' the state could undertake for the two sureties when two were required, “provided the same is approved by a judge of the court in which such bond or undertaking is given; and such company, if excepted to, shall justify through its officers…
2Cited by2 opinions
- City of New York v. Britestarr Homes, Inc.New York Supreme Court · 1991
- Condon v. Church of St. AugustineNew York Court of Common Pleas · 1895