Legal Opinion

De Sisto v. Stimmel

Appellate Terms of the Supreme Court of New York

Decided June 15, 1900PublishedCited by 1 opinion

Appeal by the defendant from a judgment of the Municipal Court of the city of ¡New York, borough of Manhattan, rendered in favor of the plaintiff, upon a trial had before the court without a j™7- The nature of the action and the material facts are stated in the opinion.

1Opinion of the CourtGiegebich, J.

The action is against one of the sureties on a bond, bearing date the 24th day of June, 1895, reciting that one Henry Loewi was appointed a marshal of the city of Hew York, and conditioned that he “ shall well and faithfully execute the office of marshal without fraud, deceit, or oppression.”

The plaintiff deposited with the said marshal the sum of $250, as indemnity against any loss which the latter might sustain by reason of a levy made under a certain execution issued upon a judgment recovered by the former against one Guiseppe Fortunato, in one of the District Courts of the city of Hew…

2Cases cited4 opinions

  1. People, Ex Rel. Comstock v. . LucasNew York Court of Appeals · 1883
  2. Cressey v. GiermanSupreme Court of Minnesota · 1862
  3. Berry v. SchaadNew York Supreme Court · 1899
  4. De Sisto v. LoewyAppellate Terms of the Supreme Court of New York · 1898

3Cited by1 opinion

  1. Fohs v. RainNew York Supreme Court · 1902

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