Emery v. . Baltz
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 June 23, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a bond executed by defendants as sureties for one Hack. The material facts are stated in the opinion.
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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 June 23, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was upon a bond executed by defendants as sureties for one Hack. The material facts are stated in the opinion. The defendants were sureties for Hack and not principal debtors, and the release of Hack from the order of arrest by active interference of the plaintiff, and without the consent of the defendants, discharged them. (Code of Procedure, §§ 186, 187,…
1Opinion of the CourtFinch, J.
The motion for a nonsuit upon the ground that the pleadings did not admit plaintiff’s cause of action, and no other proof of it was given, was properly denied. The complaint recited in full an agreement dated April 27, 1874, between the plaintiff and Hack, by the terms of which the latter was employed as a general agent to solicit and obtain policies of insurance in the Life Association of America; he to collect premiums and remit them to the plaintiff after deducting his commissions on the first day of every month, making a report at that time; and to “ regard and treat all the premiums that…
2Cases cited3 opinions
- Hunt v. . RobertsNew York Court of Appeals · 1871
- Albro v. . FigueraNew York Court of Appeals · 1875
- Meech v. LoomisThe Superior Court of New York City · 1862
3Cited by28 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Westervelt v. MohrenstecherCourt of Appeals for the Eighth Circuit · 1896
- Lawrence v. American Surety Co.Michigan Supreme Court · 1933
- Rankin v. TygardCourt of Appeals for the Eighth Circuit · 1912
- People's Banking Co. v. Fidelity & Deposit Co.Court of Appeals of Maryland · 1934
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