Home Insurance v. Watson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon a case submitted under section 372 of the Code.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon a case submitted under section 372 of the Code. (Reported below, 1 Hun, 643; 4 K T. S. C. [T. & C.], 226.) The facts stated are in substance these: The sheriff of the city and county of Hew York had attached certain moneys owing by the plaintiff to one James T. Campbell, a resident of South Carolina, in a suit in the Supreme Court of this State, brought by James and Denis Carolin against said Campbell. The regularity of the proceedings on the attachment was…
1Opinion of the CourtGrover, J.
The questions in this case arise upon a state'ment of facts agreed upon by the parties pursuant to section 372, etc., of the Code. Those questions are: First. Whether the claim made by Campbell, of the plaintiff, for the money paid by it to the sheriff, having been finally adjudged invalid, was within the provision of the bond, so as to enable the plaintiff to recover of the obligors the legitimate expenses incurred and paid in defending the action brought by Campbell against it for its recovery. Second, whether the bond is void for want of any consideration. It appears from the opinion given…
2Cases cited5 opinions
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Seaman v. SeamanNew York Supreme Court · 1834
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Crosby v. . WoodNew York Court of Appeals · 1852
- Palmer v. NorthNew York Supreme Court · 1861
3Cited by1 opinion
- Dorrance v. HendersonNew York Supreme Court · 1882