Thomson v. . Sanders
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order-made April 1, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying-a motion for a. new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order-made April 1, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying-a motion for a. new trial. The facts out of which this action arose, are, that in 1872,. Levi P. Wagner, recovered in the court of Common Pleas of Charleston county, state of South Carolina, a judgment against the plaintiff and two other persons for upwards of $4,000, of which judgment the defendant herein was the beneficial owner, although he had not the…
1Opinion of the CourtBradley, J.
It is contended on the part of the defendant that the purpose of the bond made by him to the plaintiff, was-merely to indemnify the latter against any claim which might be made by Wagner, and the costs and damages resulting to him from the assertion or prosecution of any claim made by Wagner upon the South Carolina judgment, and that it is entitled to such construction, and therefore the bond cannot support an action to recover the costs or expenses incurred by the plaintiff in the defense of the action brought against him by the defendant. The terms of that instrument do not seem to so limit…
2Cases cited6 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- Castle v. . NoyesNew York Court of Appeals · 1856
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re HarperDistrict Court, N.D. New York · 1910
- Ter Kuile v. MaralandNew York Supreme Court · 1894
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Northwestern Cordage Co. v. RiceNorth Dakota Supreme Court · 1896
- Adams v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1910
6 more not listed; retrieve them via the Exa API.