Traver v. Nichols
New York Supreme Court
Demurrer to declaration. The declaration is in covenant on an instrument under seal, executed by the defendant on the issuing of warrants by a justice of the peace in several causes, in favor of several non-resident plaintiffs against Traver the plaintiff in this cause, whereby the defendant bound him self to pay Traver any sum which might be adjudged against the plaintiffs inthe aforesaid suits.
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Demurrer to declaration. The declaration is in covenant on an instrument under seal, executed by the defendant on the issuing of warrants by a justice of the peace in several causes, in favor of several non-resident plaintiffs against Traver the plaintiff in this cause, whereby the defendant bound him self to pay Traver any sum which might be adjudged against the plaintiffs inthe aforesaid suits. The plaintiff avers that judgments were rendered against him before the justice in favor of the plaintiffs in three of the suits ; that he appealed to the common pleas of Cayuga, and that in that…
1Opinion of the Court
By the Court,
Sumherland, J.
The only question in this case is, whether the security required to be given by a non-resident plaintiff, upon applying for a warrant, is confined to such sum as may be adjudged against him by the justice, or whether it also extends to the final determination of the cause, where it is carried by appeal to the court of common pleas.
The provision is as follows: “ If the person applying for a warrant be a non-resident, and tenders to any justice security for the payment of any sum which may he adjudged against him, he shall be entitled to have a warrant in his favor…
2Cited by24 opinions
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Robinson v. . PlimptonNew York Court of Appeals · 1862
- Ball v. GardnerNew York Supreme Court · 1839
- Smith v. LockwoodWisconsin Supreme Court · 1874
- Gormly v. McIntoshNew York Supreme Court · 1856
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