Union Bank v. American Bonding Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Bonding Company of Baltimore, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of March, 1916, upon the decision of the court after a trial at the Kings County Trial Term, a jury having been waived.
1Opinion of the Court
Stapleton, J.:
Two causes of action are pleaded. The first is based upon an undertaking given to stay the execution of a judgment of the Supreme Court pending an appeal to the Appellate Division. The judgment directed the sale of real property upon the foreclosure of a mortgage. The amount claimed is the *543amount of the deficiency arising upon the sale after affirmance of the judgment by the Appellate Division and the Court of Appeals. The second arises from an undertaking given upon an appeal to the Court of Appeals from the judgment of affirmance by the Appellate Division, and the amount…
2Cases cited4 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
- Cabe & Hobson Ltd. v. SterlingNew York Court of Appeals · 1889
- Midwood Park Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Self Service Super Market, Inc. v. HarrisNew York Court of Appeals · 1958
- Jones v. WicksNew York Supreme Court · 1961
- Self Service Super Market, Inc. v. HarrisNew York Court of Appeals · 1958