Wickham v. Weil
New York Court of Common Pleas
Appeal from special term. Action by Daniel H. Wickham and others against Maurice Weil and another on an undertaking for an attachment. From an order sustaining a demurrer to a counter-claim defendants appeal.
1Opinion of the CourtPryor, J.
The precise point presented by the appeal was determined by us in Cornell v. Donovan, 14 Daly, 295; and we are concluded by that decision unless, upon consideration, we find the contrary adjudication by the general term of the supreme court, first department, in Furber v. McCarthy, 7 N. Y. Supp. 613, to be supported by the sounder reason. We do not so find, but, on the contrary, we are of opinion that our own ruling is sustained by the obvious intént of the Code, as well as by the principles and analogies of the law. The single question in controversy is whether an action on an undertaking to…
2Cases cited11 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- The People Ex Rel. Dusenbury v. . SpeirNew York Court of Appeals · 1879
- Toles v. . AdeeNew York Court of Appeals · 1881
- Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
- Coit v. . StewartNew York Court of Appeals · 1872
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3Cited by6 opinions
- Pache v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1904
- Delaney v. MillerNew York Supreme Court · 1894
- Sterne v. TalbottNew York Supreme Court · 1895
- Bien v. FreundAppellate Division of the Supreme Court of the State of New York · 1898
- Bamberger v. OshinskyNew York Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.