People v. . Gillman
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the second judicial department, entered upon an order made December 8, 1890, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action upon an undertaking given by defendant upon the admission to bail of one Frank Cava. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme-Court in the second judicial department, entered upon an order made December 8, 1890, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action upon an undertaking given by defendant upon the admission to bail of one Frank Cava. The facts, so far as material, are stated in the opinion. It is not essential to the validity of the undertaking that it shall state the crime for which the person is held. (People v. Blankman, 17 Wend. 255; 1 Chitty on Crim. Law, 33;…
1Opinion of the CourtGray, J.
The defendant being sued by the plaintiff, as the surety upon an undertaking of bail, objects, in effect, that it was void and of no force, because the crime, or charge, was not therein specified. The occasion of its execution was the admission to bail of one Frank Oava, at the time in custody of the sheriff upon a charge of assault in the second degree. The instrument was a printed form, in the language of section 568 of the Code of Criminal Procedure, and the defendant became thereby surety for the prisoner’s appearance, and for his being at all times amenable to the order and process of…
2Cases cited2 opinions
- People v. KaneNew York Supreme Court · 1847
- Champlain v. . the PeopleNew York Court of Appeals · 1848
3Cited by13 opinions
- People v. RussellNew York Supreme Court · 1901
- United States v. GranerU.S. Circuit Court for the District of Eastern New York · 1907
- People v. Public Service Mutual InsuranceNew York Supreme Court · 1963
- People v. TornAppellate Division of the Supreme Court of the State of New York · 1906
- St. Lawrence County v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1916
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