Squire v. Senia
New York Court of Common Pleas
Appeal from trial term. Action by Newton Squire against Benjamin B. Senia and others to recov'er on an undertaking given to obtain an order of arrest pursuant to the provisions of Code Civil Proc. § 559. From a judgment for plaintiff, entered on a verdict directed by the court, defendants appeal. Affirmed.
1Opinion of the CourtBischoff, J.
The facts, as they transpired on the trial of this action, are the same as in Squire v. McDonald. 21 N. Y. Supp. 1025, (herewith decided,) and the question urged for review does not differ in any respect from the one there •discussed. - We affirmed the judgment appealed from upon the ground that the order vacating the order of arrest issued against the plaintiff in an action against him for the alleged conversion of personal property, and which had become final by lapse of time within which an appeal therefrom should be taken, is a final decision that plaintiff in the action for conversion…
2Cases cited1 opinion
- Squire v. McDonaldNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Awad v. Universal Coconut Corp.New York Supreme Court · 1962