Allen v. Wolkof
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, fourth district, rendered October 30, 1917, in favor of the defendants dismissing the complaint, with costs.
1Dissent
Benedict, J. (dissenting).
I dissent from the conclusion reached by my associates that the Municipal Court has no jurisdiction of an action on the bond of a city marshal where the amount claimed exceeds $1,000.
Appellant contends that such jurisdiction exists by virtue of the last clause of subdivision 2 of section 6 of the Municipal Court Code. A reading of section 6 makes it clear that that section does not in terms place any monetary limit upon the jurisdiction of the Municipal Court in an action upon a marshal’s bond. Subdivision 1 enumerates a. number of classes of actions jurisdiction of…
2Cases cited1 opinion
- Frieland v. Union Surety & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904