Wing v. . Rogers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 12,1891, which reversed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and granted a new trial. This was an action upon an undertaking. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Brien, J.
The plaintiffs recovered judgment against the defendant, as surety, upon an undertaking given to stay proceedings in an action pending, in behalf of the plaintiffs, against one Rowland 27. Hazard. The General Term has reversed the judgment, and the appeal brings that decision here for review. It appears that there were three actions, and that two of them were consolidated, and that the undertaking applied to the action as consolidated and another. In order to ascertain the consideration, scope and purpose of the instrument sued upon, it will be more convenient to give it here in full, with…
2Cases cited1 opinion
- Hemmingway v. . PoucherNew York Court of Appeals · 1885
3Cited by14 opinions
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Maryland Casualty Company v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
- Howe v. Farmers & Merchants BankSupreme Court of Oklahoma · 1932
- Carter v. . HodgeNew York Court of Appeals · 1896
- Mossein v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1904
9 more not listed; retrieve them via the Exa API.