Koenig v. Steckel
The Superior Court of New York City
Appeal from judgment. STATEMENT OF FACTS. This action is brought upon a joint and several undertaking executed by the defendants and one Sebastian Banzer (against these two defendants only), upon the removal to the Common Pleas of an action from the Fourth District Court, in which this plaintiff was plaintiff, and said Banzer was defendant, conditioned in consideration of said removal and the sum of one dollar for the payment of any judgment which the plaintiff might recover…
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Appeal from judgment. STATEMENT OF FACTS. This action is brought upon a joint and several undertaking executed by the defendants and one Sebastian Banzer (against these two defendants only), upon the removal to the Common Pleas of an action from the Fourth District Court, in which this plaintiff was plaintiff, and said Banzer was defendant, conditioned in consideration of said removal and the sum of one dollar for the payment of any judgment which the plaintiff might recover in said Court of Common Pleas. The said plaintiff recovered judgment in said Common Pleas, for the sum of $419.12,…
1Opinion of the Court
By the Court.—Barbour, C. J.
This case runs upon all fours in principle with Sunderland v. Loder (5 Wend. 58), where the obligors in a bond given for the payment of a judgment were sued thereupon, after the body of the judgment debtor had been taken in execution, and while he was still imprisoned. The court held that the taking of the body of the debtor in execution was a satisfaction of the debt for the payment of which the bond was given, so long as the imprisonment continued, and therefore that the action against the sureties of the debtor upon a collateral obligation could not be…
2Cases cited2 opinions
- Sunderland v. LoderNew York Supreme Court · 1830
- Wakeman v. LyonNew York Supreme Court · 1832