Montegriffo v. Musti
New York Court of Common Pleas
Appeal by the defendant from an order made at Special Term denying a motion made by the defendant Caro to dismiss the complaint on the ground that it did not comply with the summons. The notice inserted in the summons states that the plaintiff1, on a failure to answer, on the part of the defendants, will take judgment for a specific sum.
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Appeal by the defendant from an order made at Special Term denying a motion made by the defendant Caro to dismiss the complaint on the ground that it did not comply with the summons. The notice inserted in the summons states that the plaintiff1, on a failure to answer, on the part of the defendants, will take judgment for a specific sum. The complaint served set forth a cause of action against the defendants upon a bond or undertaking, made by the defendant Caro, as surety for another defendant, in an action to recover possession of certain personal property. It was claimed by the appellant…
1Opinion of the Court
By the Court.
Brady, J.
The defendant Caro undertook and became bound to the plaintiff for the return of the property claimed and taken by Felice Musti, if a return .thereof should be adjudged, and for the payment of any such sum as should, for any cause, be recovered against Musti in the action commenced by him, and in which the undertaking of Caro
*78was given. The obligation assumed, by Caro was twofold, namely—to return the property taken by his principal, Musti, and to pay any amount that might, for any cause, be recovered against him, which covered the costs allowed by the statute, if Musti…
2Cited by1 opinion
- Morris v. HunkenAppellate Division of the Supreme Court of the State of New York · 1899