Schultz v. United States Fidelity & Guaranty Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1909, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. When the action upon the undertaking was brought there was no liability on the part of the surety, because the original judgment in the case of Schultz v. The Greenwood Cemetery and Smith, and its affirmance by the Appellate Division of the second…
1Per curiam
This action was to enforce an undertaking, which had been given by the defendant upon an appeal in a former action from a judgment recovered” by this plaintiff against certain other parties. That action was for the false arrest and the malicious prosecution of the plaintiff and was brought against the Greenwood Cemetery and William Smith. Smith was a special police officer of the city of New York and was in the employment of the Cemetery. He was instructed, among other things, to arrest persons for picking flowers in cemetery lots and he had arrested and prosecuted the plaintiff for that…
2Cases cited1 opinion
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
3Cited by11 opinions
- In re the Arbitration between Amica Mutual Insurance & JonesAppellate Division of the Supreme Court of the State of New York · 1981
- Payne v. KingsleyAppellate Court of Illinois · 1965
- Morella Ex Rel. Morella v. Melrose Park Cab Co.Appellate Court of Illinois · 1965
- Witchekowski v. Falls Co.Supreme Court of Connecticut · 1927
- Schenectady Police Benevolent Ass'n v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2002
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