Dunn v. National Surety Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The National Surety Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On or prior to December, 1898, judgments had been recovered in the county of New York against Moses Levy and Jennie Levy, and executions had been issued thereon. To indemnify the sheriff, to whom the executions had been delivered, against any damage or loss which he might sustain by reason of levies made or sales had under the executions, two bonds were given by the judgment creditors with the defendant in this action as surety. In pursuance of the executions, the sheriff through one of his deputies levied upon, took into his possession and thereafter sold a quantity of…
2Cases cited3 opinions
- Conner v. . ReevesNew York Court of Appeals · 1886
- Levy v. . DunnNew York Court of Appeals · 1899
- Levy v. DunnAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Mitchell v. LindstromAppellate Division of the Supreme Court of the State of New York · 1961