United States Fidelity & Guaranty Co. v. Whitman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The United States Fidelity and Guaranty Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of March, 1910.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an order dismissing the complaint, with costs, for want of prosecution under section 822 of the Code of Civil Procedure and rule 36 of the General Rules of Practice.
The action was brought by the surety upon a bond given to the sheriff of the county of New York to indemnify him for seizing at the instance of the defendants (plaintiffs in another action) by writ of replevin certain personal property thereafter sold and the proceeds derived from the sale turned over to them. The owners of the property seized thereafter brought an action against the sheriff and…
2Cases cited3 opinions
- Mladinich v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1906
- Einstein v. DunnAppellate Division of the Supreme Court of the State of New York · 1901
- Einstein v. . DunnNew York Court of Appeals · 1902
3Cited by3 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Richardson v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1952
- Russell v. Texas Transport & Terminal Co.Court of Appeals for the Second Circuit · 1929