Denny v. Blumenthal
City of New York Municipal Court
Appeal by defendant Blumenthal from order denying his motion for new trial and for permission to surrender his bail and serve amended answer.
1Opinion of the CourtVan Wyck, J.
Appellant’s motion below was for a new trial on the ground of surprise and newly discovered evidence, and for permission to surrender one Harris, the person for whom he and his co-surety had become bail, and to serve an amended answer setting up such surrender in exoneration of bail, and that the plaintiffs had improperly caused the sheriff to return the executions issued against the property and body of such person under the judgment obtained by them for a debt fraudulently contracted by him and in which action the undertaking here sued iipon was executed by these defendants to secure the…
2Cases cited1 opinion
- Garvey v. United States Horse & Cattle ShowCity of New York Municipal Court · 1893
3Cited by3 opinions
- In re Mayer's EstateNew York Supreme Court · 1895
- Duggan v. StateNew York Court of Claims · 1962
- Garofalo v. PrividiAppellate Terms of the Supreme Court of New York · 1904