Fried v. Rivkin
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment rendered in the Municipal 'Court of the city of New York, borough of Brooklyn, seventh district, on the 20th day of April, 1916, in favor of the defendants and against the plaintiff, dismissing the complaint on the merits; and from an order denying the motion made by the plaintiff for judgment on the pleadings.
1Opinion of the CourtJaycox, J.
This action is brought against the sureties to recover upon an undertaking upon an appeal. In an action brought by this plaintiff against Louis Rivkin and another the plaintiff recovered a judgment. The defendants thereupon appealed to the Appellate Term and an undertaking was executed by the defendants in this action as sureties, which undertaking was approved and filed. The undertaking was in the usual form. On December 1, 1915, the appeal was dismissed by the Appellate Term. Notice of the entry of this order was given to the sureties. Subsequently this action was commenced. No part of said…
2Cases cited2 opinions
- Manning v. . GouldNew York Court of Appeals · 1882
- Decker v. AndersonNew York Supreme Court · 1862
3Cited by2 opinions
- Associated Constructors, Inc. v. PaonessaCalifornia Supreme Court · 1939
- McColgan v. ScobleCalifornia Supreme Court · 1935