McNamee v. Natl. Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by James L. McNamee against the National Surety Company. From a judgment in favor of plaintiff after trial by judge without a jury, defendant appeals. Reversed, and new-trial granted.
1Opinion of the CourtBijur, J.
Plaintiff, a marshal, sues to recover from the defendant, the surety on an indemnity bond, because of a recovery by the defendant in execution against the present plaintiff in an action for the wrongful levy and execution upon exempt property.
[1] The point made by appellant is that although the language in the condition of the bond is general and recites an agreement to indemnify the plaintiff against “all claims for or by reason of the levying and sale, etc., of all or any personal property which plaintiff may judge to belong to said judgment debtor,” etc., in the usual form, this language…
2Cases cited3 opinions
- National Mechanics' Banking Ass'n v. ConklingNew York Court of Appeals · 1882
- McElroy v. . MumfordNew York Court of Appeals · 1891
- DeCamp v. BullardNew York Supreme Court · 1898