Sinnott v. . Hanan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Notwithstanding the so-called dissolution, the Expanding Tread Company remained a corporate entity capable of being sued in the courts of this state to the same extent as before the dissolution. (N. J. Corp. Law, §…
1Opinion of the CourtCollin, J.
The action is upon an undertaking executed by the defendant to discharge an attachment of property levied under a warrant of attachment issued in an action of the plaintiff here against the Expanding Tread’ Company, a corporation organized under the laws of New Jersey. By the undertaking the defendant did “ undertake, pursuant to the statute in such case made and provided, in the sum of two thousand dollars, that the defendant (in that action) will, on demand, pay to the plaintiff (therein) the amount of any judgment which may be recovered in the action against the defendant, The Expanding…
2Cases cited9 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Relfe v. RundleSupreme Court of the United States · 1881
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Sturges v. . VanderbiltNew York Court of Appeals · 1878
- Thornton v. Marginal Freight Railway Co.Massachusetts Supreme Judicial Court · 1877
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3Cited by27 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- German-American Coffee Co. v. . DiehlNew York Court of Appeals · 1915
- Chaplin v. SelznickNew York Court of Appeals · 1944
- J. B. Wolfe, Inc. v. SalkindSupreme Court of New Jersey · 1949
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