Schmidt v. Livingston
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a reversal by the General Term of the City Court of an order of the Special Term adjudging guilty of contempt John G. Schwartz, surety upon bail, for alleged misconduct in swearing to his sufficiency as such surety. Appeal also by plaintiff from an order of the General Term denying a motion for a reargument of the appeal from the said order of the Special Term.
1Opinion of the CourtDaly, P. J.
The deposition of the surety, Schwartz, taken upon the examination as to his sufficiency, contained a statement that he had no debts nor outstanding obligations, except a bond or undertaking on which his liability was less than $500. It appeared from his subsequent examination as a judgment debtor, when it was sought to enforce his liability as surety, that when,he swore to the deposition in question he owed his wife $5,000, and his sister-in-law $1,000, evidenced in part by notes. The defense of the surety is that he had disclosed this indebtedness, when examined as to his sufficiency, but…
2Cases cited1 opinion
- Buell v. HollinsAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Price v. Western Distillery Co.Appellate Terms of the Supreme Court of New York · 1909