Simon v. Aldine Publishing Co.
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York adjudging the appellant, James Sutton, guilty of contempt of court in becoming a fictitious surety upon an undertaking given on an appeal to the General Term of this court from a judgment of the City Court in favor of plaintiff in the action. The facts are stated in the opinion.
1Opinion of the Court
Per Curiam. — [Present, Larremore, Ch. J., Allen- and Bookstaver, JJ.] —
The contempt charged against the appellant was that he caused and procured a fictitious surety to be put in in this action, to wit, “ in that the said James Sutton executed on the 23d of December, 1885, and filed and approved on the 7th day of January, 1886, an undertaking on appeal from the judgment rendered in this action and became a surety thereon, and thereafter justified thereon as a good and sufficient surety, being at the time wholly insufficient and irresponsible to answer the obligation of such undertaking, and…
2Cases cited2 opinions
- Hull v. L'EplatinierNew York Court of Common Pleas · 1875
- Moffatt v. HermanNew York Court of Common Pleas · 1886
3Cited by4 opinions
- In re GoslinAppellate Division of the Supreme Court of the State of New York · 1904
- Fromme v. GrayNew York Court of Common Pleas · 1895
- In re HopperNew York Court of Common Pleas · 1894
- In re SheppardNew York Supreme Court · 1901