Sutorius v. North
New York Court of Common Pleas
Appeal from special term. Action by Edward Sutorius against Isaac F. North, a surety on an undertaking given by one Bartlett, under section 559 of the Civil Procedure Code, in an action by Bartlett against plaintiff, in which the latter was arrested, and judgment for costs subsequently given in his favor. Bartlett paid the costs of that action, and defendant pleads such payment as a defense in this action.
Read the full summary
Appeal from special term. Action by Edward Sutorius against Isaac F. North, a surety on an undertaking given by one Bartlett, under section 559 of the Civil Procedure Code, in an action by Bartlett against plaintiff, in which the latter was arrested, and judgment for costs subsequently given in his favor. Bartlett paid the costs of that action, and defendant pleads such payment as a defense in this action. Judgment that the plea is frivolous, and for a reference to assess plaintiff’s damages. Defendant appeals. Affirmed. For former reports, see 13 N. Y. Supp. 557, and 15 N. Y. Supp. 974.
1Opinion of the CourtBischoff, J.
On a former appeal iu this action the general term of this court pronounced the allegations of the answer, respecting the payment of plaintiff’s alleged damages, sham, and directed that they be struck out; and for the facts appearing on the present appeal reference may be had to the report of the former. Sutorius v. North, (Com. Pl. N. Y.) 13 N. Y. Supp. 557. Subsequently plaintiff applied at special term for judgment on the ground that the remaining allegations of the answer were frivolous, and constituted no defense. This motion was granted, and upon the order made interlocutory judgment…
2Cases cited3 opinions
- Strong v. . SproulNew York Court of Appeals · 1873
- Sutorius v. NorthNew York Court of Common Pleas · 1891
- Sperry v. HellmanNew York Court of Common Pleas · 1891