Anderson v. Illinois Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Illinois Surety Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of May, 1913, denying defendant’s motion to set aside a judgment for irregularity.
1Opinion of the Court
Scott, J.:
The irregularity of which defendant complains consisted of reconvening a jury after it had disagreed and, as it is claimed, been discharged, and resubmitting the case to them. The defendant is sued upon a bond conditioned for the faithful performance by the Gurlitt-Manning Company of a contract to build a house, the plaintiff’s claim being that that company defaulted in its contract, whereby he was damaged.
The trial was concluded and the case submitted to the jury on Friday, February 28, 1913, the last day of the February term. Three questions were put to the jury, as follows:…
2Cases cited1 opinion
- Rippley v. FrazerNew York Supreme Court · 1910
3Cited by2 opinions
- Tenenbaum v. CohenAppellate Terms of the Supreme Court of New York · 1917
- Anderson v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1913