Bristol v. Graff
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Aaron A. Graff, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 4th day of November, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of November, 1901, denying the said defendant’s motion for a new trial made upon the minutes.
1Dissent
McLennan, J. (dissenting):
It seem's to me that the words contained in the undertaking in suit, which were evidently taken from subdivision 1 of section 575 of the Code of Civil Procedure, added in no degree to the statutory *431obligation of the defendant, and so may be disregarded as surplus-age. The obligation of the defendant is clearly expressed in the last clause of the bond, to wit, that Shipman “ will at all times render himself amenable to any mandate which may be issued to enforce a final judgment against him in the action.” It added nothing to that obligation to say that Shipman “ will…
2Cases cited3 opinions
- Goodwin v. . BunzlNew York Court of Appeals · 1886
- Cabe & Hobson Ltd. v. SterlingNew York Court of Appeals · 1889
- Haberstro v. . BedfordNew York Court of Appeals · 1890