Bien v. Freund
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Franklin Bien against Max Freund and another. From? a judgment entered on a verdict, and from an order denying a new-trial, defendants appeal.
1Opinion of the CourtRumsey, J.
The defendants, as sureties for certain persons who were about to sue out a warrant of attachment against one Buchner., executed the usual undertaking upon attachment, which was delivered to Buchner at the time of the execution of the warrant. The attachment having been vacated, the plaintiff, to whom the undertaking and! the right of action thereon had been assigned, brought this action to recover the damages suffered by Buchner by reason of the attachment. The defendants sought to set off against this cause of action a counterclaim, which will be more particularly referred to hereafter; but…
2Cases cited9 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Coit v. . StewartNew York Court of Appeals · 1872
- Andrews v. . the Artisans' BankNew York Court of Appeals · 1863
- Cornell v. DonovanNew York Court of Common Pleas · 1887
- Faulkner v. SwartNew York Supreme Court · 1889
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