Berry v. Schaad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edwin C. Berry, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the 18th day of July, 1899, granting the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J. :
The action was brought to enforce the liability of the sureties on the official bond of a constable. The complaint was framed, and the action was tried, upon the theory that the liability of the sureties, and the extent thereof, was conclusively established by a prior judgment against the constable for conversion in making a wrongful levy and sale upon an execution.
By the express terms of the bond, the constable and his sureties “jointly and severally agree to pay to each and every person who may be entitled thereto all such sums of money as the said Geo. B. Riddle (the…
2Cases cited16 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Lammon v. FeusierSupreme Court of the United States · 1884
- Miller v. . WhiteNew York Court of Appeals · 1872
- People Ex Rel. Kellogg v. SchuylerNew York Court of Appeals · 1850
- Cumming v. . BrownNew York Court of Appeals · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Farley v. PattersonAppellate Division of the Supreme Court of the State of New York · 1915
- Adams v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Miano v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Gillmore v. Equitable Surety Co.Appellate Division of the Supreme Court of the State of New York · 1930
- Mulry v. EckersonAppellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.