Horner v. Lyman
New York Court of Appeals
James Horner and James Ludlum, brought two actions against David H. Lyman and Richard L. Allen, in the supreme court, on two undertakings given pursuant to the provisions of the Code of Procedure, in previous actions.
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James Horner and James Ludlum, brought two actions against David H. Lyman and Richard L. Allen, in the supreme court, on two undertakings given pursuant to the provisions of the Code of Procedure, in previous actions. The present actions were consolidated and tried before a judge, who found that in 1855 the plaintiffs, (with one Grant, whose administrator subsequently assigned the cause of action to plaintiffs,) recovered two judgments against certain third persons, and the latter appealed therefrom, and for the purposes of the appeal the present defendants gave the undertakings sued on, by…
1Opinion of the Court
By the Court.
Grover, J.
The only question discussed by the 'counsel for the appellants was, whether the defendants were discharged as sureties upon the undertakings given upon the appeals to the court of appeals, by reason of the allowance by the court of five per cent, upon the judgments appealed from, to the respondents, as damages, by virtue of L. 1858, p. 493, § 11, subd. 6. The other questions raised upon the trial -were not insisted upon by the counsel, and there is nothing requiring consideration in any of them.
The section above referred to was passed during the pendency in the court of…
2Cases cited3 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Bull v. KetchumNew York Supreme Court · 1846
- Steen v. FinleyMississippi Supreme Court · 1853
3Cited by1 opinion
- Mackellar v. FarrellThe Superior Court of New York City · 1890