Griffiths v. . Hardenbergh
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the third judicial district, affirming a judgment for the plaintiff. In 1854 the plaintiff was sheriff of Ulster county; the defendant an attorney at Kingston, in said county. In November of that year, the defendant, as attorney for the Central Bank, obtained a judgment for $4,027.70 against Horace and Isaac C. Andrews.
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Appeal from a judgment of the General Term of the Supreme Court, in the third judicial district, affirming a judgment for the plaintiff. In 1854 the plaintiff was sheriff of Ulster county; the defendant an attorney at Kingston, in said county. In November of that year, the defendant, as attorney for the Central Bank, obtained a judgment for $4,027.70 against Horace and Isaac C. Andrews. On the 4th of December, defendant delivered an execution on said judgment to the plaintiff, informing him that one of the judgment debtors had left the county, that there was property in a building he had…
1Opinion of the CourtJames, J.
This must be regarded as an action upon the bond set out in the complaint. That pleading contained much irrelevant matter, but as there was no motion to purge it of such matter, if the facts proved on the trial sustain its material averments, and show a cause of action, the judgment may be sustained, at least to the extent of the cause of action proved, notwithstanding such" irrelevancy.
The penalty of this .bond was $1,000; the condition, that the Central Bank would bear harmless, and indemnify the plaintiff from all damages, costs, &c., that might arise for levying upon and making sale of…
2Cases cited7 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Blossom v. . GriffinNew York Court of Appeals · 1856
- Mower v. KipNew York Court of Chancery · 1836
- Lyon v. . ClarkNew York Court of Appeals · 1853
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3Cited by32 opinions
- Western New York Life Insurance v. ClintonNew York Court of Appeals · 1876
- De Camp v. . BullardNew York Court of Appeals · 1899
- Zimmer v. . SettleNew York Court of Appeals · 1891
- Dodge v. . ZimmerNew York Court of Appeals · 1888
- Tuxbury v. FrenchMichigan Supreme Court · 1879
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