Gedney v. Diorio
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Benjamin Gedney and another, as overseers of the poor of the town of Lloyd, from an order of the County Court of the county of Ulster, entered in the office of the clerk of said county on the ^bth day of March, 1919, as resettled by an order entered in said clerk’s office on the 7th day of April, 1919, permitting the defendant to plead and interpose an amended answer.
1Opinion of the Court
Cochrane, J.:
This is an action on an undertaking executed by the defendant as surety pursuant to an order of filiation under section 851 of the Code of Criminal Procedure. The proposed *86amended answer alleges the defense of payment of the amounts required by the undertaking. Such payments were made to the defendant’s former attorney of record herein who was also one of the justices of the peace who made the order of filiation and approved the said undertaking. Instead of accounting for the money he appropriated it to his own use and failed to interpose the defense of payment in the answer of…
2Cases cited2 opinions
- Berkeley v. KennedyAppellate Division of the Supreme Court of the State of New York · 1901
- Doty v. Rensselaer County Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Goldstein v. SchleiferAppellate Division of the Supreme Court of the State of New York · 1924
- Tomczak v. RoetzerAppellate Division of the Supreme Court of the State of New York · 1954
- Van Wie v. C. M. Gridley & Son, Inc.New York Supreme Court · 1962
- J. Sullivan & Sons Mfg. Corp. v. Trade Bank & Trust Co.Appellate Terms of the Supreme Court of New York · 1959