Legal Opinion

Krause v. Rutherford

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 4 opinions

Appeal by the defendants, James Rutherford and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Delaware on the 2d day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of June, 1896, denying the defendants’ motion for a new trial made upon the minutes.

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Appeal by the defendants, James Rutherford and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of. the clerk of the county of Delaware on the 2d day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of June, 1896, denying the defendants’ motion for a new trial made upon the minutes. On March 10, 1893, James Rutherford commenced an action m the Supreme Court against the plaintiff, Leopold Krause, and three others to recover damages for an alleged injury to said Rutherford’s property,…

1Opinion of the Court

Putnam, J.:

The undertaking on which the plaintiff brought-this action provided that “ if the defendants recover judgment herein, or if it is finally decided that the plaintiff was not entitled to the order of arrest, the plaintiff will pay all costs which may be awarded to the defendants, and all damages which they, or either of them, may sustain by reason of the arrest, not exceeding the sum of two hundred and fifty dollars.”

It is urged by the defendants that this action was prematurely brought. At the time of its commencement judgment had not been rendered against the plaintiff in the…

2Cases cited2 opinions

  1. Marks v. . TownsendNew York Court of Appeals · 1885
  2. Spang v. PattersonNew York Supreme Court · 1898

3Cited by4 opinions

  1. Awad v. Universal Coconut Corp.New York Supreme Court · 1962
  2. Krause v. RutherfordNew York Supreme Court · 1902
  3. Ring v. MitchellNew York Supreme Court · 1904
  4. Krause v. RutherfordAppellate Division of the Supreme Court of the State of New York · 1903

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